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`us. GOVERNMENT
`INmnMA'noN
`GPO
`
`31549
`Federal Register/Vol. 85, No. 101/ Tuesday, May 26, 2020/ Notices
`
`(Authority: Section 60.13 of 36 CFR part 60)
`Dated: May 11, 2020.
`Julie H. Ernstein,
`Supervisory Archeologist,NationaI Register of
`Historic Places/National Historic Landmarks
`Program.
`[FR Doc. 2020—11200 Filed 5—22—20; 8:45 am]
`BILLING CODE 4312—52—P
`
`
`INTERNATIONAL TRADE
`COMMISSION
`
`[Investigation No. 337—TA—1 120]
`
`Certain Human Milk Oligosaccharides
`and Methods of Producing the Same;
`Notice of Commission Final
`Determination Finding a Violation of
`Section 337; Issuance of a Limited
`Exclusion Order; Termination of the
`Investigation
`AGENCY: U.S. International Trade
`Commission.
`ACTION: Notice.
`
`SUMMARY: Notice is hereby given that
`the U.S. International Trade
`Commission has found a violation of
`section 337 of the Tariff Act of 1930
`(“section 337”), as amended, in this
`investigation. The Commission has
`issued a limited exclusion order
`
`(“LEO”) prohibiting the importation by
`respondent Iennewein Biotechnologie
`GmbH (“Iennewein”) of Rheinbreitbach,
`Germany of certain human milk
`Oligosaccharides that infringe
`complainant’s asserted claims. The
`investigation is terminated.
`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, DC 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.
`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 (“Glycosyn”). See 83 FR
`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 as a respondent in this
`investigation. See id. The Office of
`Unfair Import Investigations (“OUII”) is
`also named as a party to the
`investigation. See id.
`The ALI conducted an evidentiary
`hearing on May 14—17, 2019, and on
`September 9, 2019, issued the FID
`finding a violation of section 337 based
`on the infringement of claims 1—3, 5, 8,
`10, 12, 18, and 24—28 of the ’018 patent
`(hereinafter, the “Asserted Claims”). In
`addition, the FID finds that the Asserted
`Claims are neither invalid under 35
`U.S.C. 103 and 112, nor unenforceable
`for inequitable conduct. Furthermore,
`the FID finds that the domestic industry
`requirement is satisfied. All asserted
`claims in the ’230 patent were
`withdrawn during the investigation. The
`FID also contains a recommended
`
`determination (“RD”) recommending
`that the Commission issue an LEO
`
`barring entry of articles that infringe the
`’018 patent. The RD also recommends
`that the Commission impose a 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
`proposed LEO. Glycosyn does not seek
`and the RD does not recommend
`issuance of a cease and desist order.
`On October 9 and 10, 2019,
`respectively, Glycosyn and )ennewein
`filed statements on the public interest
`pursuant to Commission Rule 210.50.
`On October 23, 2019, non-party DuPont
`Nutrition & Health filed a public interest
`submission pursuant to the
`Commission’s notice requesting public
`interest comments. See 84 FR 49335
`
`(Sept. 19, 2019).
`On January 30, 2020, the Commission
`issued a notice determining to review
`the FID in part. See 85 FR 6573 (Feb. 5,
`2020). The Commission’s notice
`requested written submissions in
`response to certain questions relating to
`
`issues under review and on issues of
`
`remedy, the public interest, and
`bonding. On February 18, 2020, the
`parties, including OUII, filed written
`submissions in response to the notice,
`and on February 25, 2020, the parties
`filed responses to each other’s
`submissions. On February 18, 2020,
`non-party Abbott Laboratories filed a
`written submission concerning the
`public interest.
`Having examined the record of this
`investigation, including the FID, the RD,
`and the parties’ and non-parties’
`submissions, the Commission has
`determined to affirm with modification
`the FlD’s determination of a violation of
`
`section 337 with respect to claims 1—3,
`5, 8, 10, 12, 18, and 24—28 of the ’018
`patent. Specifically, as explained in the
`Commission Opinion filed concurrently
`herewith, the Commission has
`determined to affirm with modification
`
`the FID’s findings with respect to
`infringement by the accused Iennewein
`bacterial strains and to reverse the FID’s
`
`decision not to adjudicate infringement
`with respect to Iennewein’s TTFL12
`bacterial strain. As to the TTFL12 strain,
`the Commission has determined that it
`
`does not infringe the Asserted Claims.
`All findings in the FID that are not
`inconsistent with the Commission’s
`determination are affirmed.
`The Commission has determined that
`
`the appropriate remedy is an LEO
`against Iennewein’s infringing products.
`The Commission has also determined
`
`that the public interest factors
`enumerated in subsection 337(d)(1) (19
`U.S.C. 1337(d)(1)) do not preclude the
`issuance of the LEO. The Commission
`has further determined to set a bond
`
`during the period of Presidential review
`at five (5) percent of the entered value
`of )ennewein’s infi'inging products (19
`U.S.C. 1337(1)).
`The Commission’s order and opinion
`were delivered to the President and to
`
`the United States Trade Representative
`on the day of their issuance.
`The Commission’s vote for these
`
`determinations took place on May 19,
`2020.
`
`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).
`
`By order of the Commission.
`Issued: May 19, 2020.
`Lisa Barton,
`Secretaiy to the Commission.
`[FR Doc. 2020—11176 Filed 5—22—20; 8:45 am]
`BILLING CODE 7020-02-P
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`