`
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN HUMAN MILK
`OLIGOSACCHARIDES AND METHODS
`OF PRODUCING THE SAME
`
`Inv. No. 337-TA-1120
`
`NOTICE OF INITIAL DETERMINATION ON VIOLATION OF SECTION 337
`
`Administrative Law Judge Cameron Elliot
`
`(September 9, 2019)
`
`On this date, I issued an initial determination on violation of section 337 in the above-
`
`referenced investigation. Below are my Initial Determination and the Conclusions of Law from
`
`said filing, which are a matter of public record. A complete public version of the Initial
`
`Determination will issue when all the parties have submitted their redactions and I have had an
`
`opportunity to review such redactions.
`
`SO ORDERED.
`
`Cãrnfon Elliot
`Administrative Law Judge
`
`
`
`VII. CONCLUSIONS OF LAW
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`9.
`
`The Commission has in rem jurisdiction over the Accused Product, 2'-FL.
`
`The importation or sale requirement of Section 337 is satisfied.
`
`Glycosyn has been shown to practice claims 1-3, 5, 8, 10-14, 18, 22, and 24-28 of
`U.S. Patent No. 9,970,018.
`
`Glycosyn has not been shown to practice claims 9 or 23 of the '018 patent.
`
`The domestic industry requirement is satisfied with respect to the '018 patent.
`
`Jennewein directly infringes claims 1-3, 5, 8, 10, 12, 18, and 24-28 of the '018
`patent.
`
`Jennewein does not infringe claim 23 of the '018 patent.
`
`No claims of the '018 patent have been shown to be invalid under 35 U.S.C. §
`103.
`
`No claims of the '018 patent have been shown to be invalid under 35 U.S.C. §
`112.
`
`10.
`
`The '018 patent has not been shown to be unenforceable.
`
`11.
`
`There is a violation of Section 337 with respect to the '018 patent.
`
`VIII. INITIAL DETERMINATION AND ORDER
`
`Based on the foregoing, it is my Initial Determination that there is a violation of Section
`
`337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, in the importation into the United
`
`States, the sale for importation, or the sale within the United States after importation of certain
`
`human milk oligosaccharides and methods of producing the same, in connection with the
`
`asserted claims of U.S. Patent No. 9,970,018.
`
`Furthermore, it is my determination that a domestic industry in the United States exists
`
`that practices or exploits the asserted patent.
`
`The undersigned hereby certifies to the Commission this Initial Determination, together
`
`with the Record of the hearing in this investigation consisting of the following: the transcript of
`
`2
`
`
`
`the evidentiary hearing, with appropriate corrections as may hereafter be ordered; and the
`
`exhibits accepted into evidence in this investigation as listed in the appendices hereto.
`
`Pursuant to 19 C.F.R. § 210.42(h), this Initial Determination shall become the
`
`determination of the Commission unless a party files a petition for review pursuant to 19 C.F.R.
`
`§ 210.43(a) or the Commission, pursuant to 19 C.F.R. § 210.44, orders on its own motion a
`
`review of the Initial Determination or certain issues therein.
`
`3
`
`
`
`CERTAIN HUMAN MILK OLIGOSACCHARIDES AND
`METHODS OF PRODUCING THE SAME
`
`INV. NO. 337-TA-1120
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached NOTICE has been served by hand upon the
`Commission Investigative Attorney, Lisa Murray, Esq. and the following parties as indicated,
`on SEPJL9 201
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street SW, Room 112A
`Washington, DC 20436
`
`FOR COMPLAINANT GLYCOSYN LLC
`
`Michael C. Newman, Esq.
`MINTZ LEVIN COHN FERRIS GLOVSKY
`AND POPEO PC
`One Financial Center
`Boston, MA 02111
`
`( ),V Hand
`Hand Delivery
`(VJ Express Delivery
`( ) Via First Class Mail
`( ) Other:
`
`FOR RESPONDENT JENNEWEIN BIOTECHNOLOGIE GmbH
`
`Gary M. Hnath, Esq.
`MAYER BROWN, LLP
`1999 K Street, NW
`Washington, DC 20006
`
`( ) ia Hand Delivery
`(V Express Delivery
`( ) Via First Class Mail
`( ) Other:
`
`
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