`
`
`
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, D.C. 20436
`
`May 19, 2020
`
`
`Charles Steuart, Chief
`IPR & Restricted Merchandise Branch
`
`
`
`
`
`Office of International Trade
`
`
`
`
`
`
`Regulation and Rulings
`
`
`
`
`
`
`
`U.S. Customs and Border Protection
`
`
`
`
`
`90 K Street, N.E.
`Washington, D.C. 20229-1177
`
`
`
`Re:
`
`
`
`
`
`Limited Exclusion Order issued by the U.S. International Trade Commission in
`Investigation No. 337-TA-1120, Certain Human Milk Oligosaccharides and
`Methods of Producing the Same
`
`
`Dear Mr. Steuart:
`
`
`On May 19, 2020, the United States International Trade Commission issued a limited
`exclusion order in the above-referenced investigation prohibiting respondent Jennewein
`Biotechnologie GmbH of Rheinbreitbach, Germany (“Respondent”) from importing into the
`United States certain human milk oligosaccharides that infringe claims 1-3, 5, 8, 10, 12, 18, and
`24-28 of U.S. Patent No. 9,970,018 (“the ’018 patent”).
`
`The owner of the ’018 patent is Glycosyn LLC (“Glycosyn”), i.e., the Complainant in the
`above-referenced investigation. Michael C. Newman, Esq. (telephone: 617-348-1626) of the law
`firm Mintz Levin Cohn Ferris Glovsky, One Financial Center, Boston, MA 02111, was counsel
`for Glycosyn in the proceedings before the Commission.
`
`The subject products are believed to be imported under at least HTSUS Number
`2940.00.60 and known importers of the subject products include at least Respondent, Abbott
`Nutrition, and Abbott Laboratories.
`
`The Commission’s order is in effect for the term of the ’018 patent, which expires on
`February 16, 2032. A copy of the ’018 patent is enclosed. We separately transmitted the limited
`exclusion order to you, along with the Commission record, on the day of its issuance.
`
`
`
`Chief Steuart
`May 19, 2020
`Page 2
`
`
`
`
`Per the limited exclusion order, the covered products are entitled to entry for
`
`consumption into the United States, entry for consumption from foreign trade zone, or
`withdrawal from a warehouse for consumption under bond from the day after this order is
`received by the United States Trade Representative, pursuant to subsection (j) of section 337 of
`the Tariff Act of 1930, as amended, and the Presidential Memorandum of July 21, 2005 (70 Fed.
`Reg. 43251), until such time as the Representative notifies the Commission that he approves or
`disapproves this action but, in any event, not later than sixty (60) days after the date of receipt of
`this action. For the covered motorized vehicles and components thereof, manufactured abroad or
`imported by, for, or on behalf of the Respondent, the amount of the bond during the period of
`Presidential review is five (5) percent of the entered value of the infringing articles.
`
`
`If you have any questions concerning the limited exclusion order, please feel free to
`contact Houda Morad, Esq., at houda.morad@usitc.gov, or at 202-708-4716.
`
`
`
`
`
`
` Sincerely,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Lisa R. Barton
` Secretary to the Commission
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Enclosures
`
`cc: Office of the General Counsel
` Office of the United States Trade Representative
`600 17th Street, N.W.
`
`
`Washington, D.C. 20508
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
