UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`In the Matter of
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`
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`CERTAIN HUMAN MILK
`OLIGOSACCHARIDES AND
`METHODS OF PRODUCING
`THE SAME
`
`
`Investigation No. 337-TA-1120
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`NOTICE OF COMMISSION DECISION
`TO EXTEND THE TARGET DATE
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` U.S. International Trade Commission.
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`Notice.
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`AGENCY:
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`ACTION:
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`SUMMARY: Notice is hereby given that the U.S. International Trade Commission has
`determined to extend the target date for completion of this investigation until April 16, 2020.
`
`FOR FURTHER INFORMATION CONTACT: Houda Morad, Office of the General
`Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436,
`telephone (202) 708-4716. Copies of non-confidential documents filed in connection with this
`investigation are or will be available for inspection during official business hours (8:45 a.m. to
`5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street
`SW., Washington, D.C. 20436, telephone (202) 205-2000. General information concerning the
`Commission may also be obtained by accessing its Internet server at https://www.usitc.gov. The
`public record for this investigation may be viewed on the Commission’s electronic docket
`(EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised that information on this
`matter can be obtained by contacting the Commission’s TDD terminal on (202) 205-1810.
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`SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on June
`21, 2018, based on a complaint, as amended and supplemented, filed on behalf of Glycosyn LLC
`of Waltham, Massachusetts. See 83 Fed. Reg. 28865 (June 21, 2018). The complaint, as
`amended and supplemented, alleges violations of section 337 of the Tariff Act of 1930, as
`amended, 19 U.S.C. 1337 (“section 337”), based upon the importation into the United States, the
`sale for importation, and the sale within the United States after importation of certain human
`milk oligosaccharides by reason of infringement of claims 1-40 of U.S. Patent No. 9,453,230
`(“the ’230 patent”) and claims 1-28 of U.S. Patent No. 9,970,018 (“the ’018 patent”). See id.
`The notice of investigation named Jennewein Biotechnologie GmbH of Rheinbreitbach,
`Germany as a respondent in this investigation. See id. The Office of Unfair Import
`Investigations is also named as a party to the investigation. See id. All asserted claims in
`the ’230 patent were withdrawn during the investigation. See Order No. 5 (Aug. 9, 2018),
`unreviewed, Comm’n Notice (Aug. 29, 2018); Order No. 15 (Oct. 30, 2018), unreviewed,
`Comm’n Notice (Nov. 29, 2018); Order No. 17 (Nov. 19, 2018), unreviewed, Comm’n Notice
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`1
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`(Dec. 12, 2018); Order No. 25 (Feb. 8, 2019), unreviewed, Comm’n Notice (Feb. 28, 2019).
`Claims 4, 6-7, 9, 11, 13-17, and 19-22 of the ’018 patent also were withdrawn during the
`investigation. See Order No. 5 (Aug. 9, 2018), unreviewed, Comm’n Notice (Aug. 29, 2018);
`Order No. 17 (Nov. 19, 2018), unreviewed, Comm’n Notice (Dec. 12, 2018).
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`On September 9, 2019, the administrative law judge issued a final initial determination
`(“FID”) finding a violation of section 337 based on infringement of claims 1-3, 5, 8, 10, 12, 18,
`and 24-28 of the ’018 patent. The FID contains a recommended determination (“RD”)
`recommending that the Commission issue a limited exclusion order (“LEO”) barring entry of
`articles that infringe the ’018 patent. The RD also recommends that the Commission impose a
`five (5) percent bond during the period of Presidential review. Furthermore, as directed by the
`Commission, the RD provides findings with respect to the public interest and recommends that
`the Commission determine that the public interest factors do not preclude entry of the
`recommended LEO. The complainant did not seek, and the RD does not recommend, issuance
`of a cease and desist order.
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`On January 30, 2020, the Commission issued a notice determining to review the FID in
`part. See 85 Fed. Reg. 6573 (Feb. 5, 2020).
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`The Commission has determined to extend the target date for completion of this
`investigation until April 16, 2020.
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`
`The authority for the Commission’s determination is contained in section 337 of the
`Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the Commission’s Rules of
`Practice and Procedure (19 CFR part 210).
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`By order of the Commission.
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`Issued: March 17, 2020
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`
`Lisa R. Barton
`Secretary to the Commission
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`CERTAIN HUMAN MILK OLIGOSACCHARIDES AND
`METHODS OF PRODUCING THE SAME
`
`Inv. No. 337-TA-1120
`
`PUBLIC CERTIFICATE OF SERVICE
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`I, Lisa R. Barton, hereby certify that the attached NOTICE has been served via EDIS
`upon the Commission Investigative Attorney, Lisa Murray, Esq., and the following parties as
`indicated, on March 17, 2020.
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
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`On Behalf of Complainant Glycosyn LLC:
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`Michael C. Newman, Esq.
`MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO, PC
`1 Financial Center
`Boston, MA 02111
`Email: MCNewman@mintz.com
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability to Download
`
`On Behalf of Respondent Jennewein Biotechnologie GmbH:
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`Gary M. Hnath, Esq.
`MAYER BROWN LLP
`1999 K Street, NW
`Washington, DC 20006
`Email: ghnath@mayerbrown.com
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability to Download
`
`