UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`· Washington, D.C. · ·
`
`In the Matter of
`
`CERTAIN L-TRYPTOPHAN,
`L-TRYPTOPHAN PRODUCTS, AND
`THEIR METHODS OF PRODUCTION
`
`Investigation No. 337-TA-1005
`
`NOTICE OF COMMISSION FINAL DETERMINATION FINDING A
`SECTION 337 VIOLATION; ISSUANCE OF A LIMITED EXCLUSION ORDER
`AND CEASE AND DESIST 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 prohibiting the importation
`of certain L-tryptophan and L-tryptophan products that infringe claim 10 of U.S. Patent No.
`6,180,373 ("the '373 patent") or claim 20 of U.S. Patent No. 7,666,655 ("the '655 patent"). The
`Commission has also issued a cease and desist order directed to the domestic respondent. 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
`5:15p.m.) in the Office ofthe Secretary, U.S. International Trad~ 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 httvs:/ll\'11 '11 '.11.'\itc. g-m·. The
`public record for this investigation may be viewed on the Commission's electronic docket (EDIS)
`at hl!n.\:l/edi .. 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 Investigation No. 337-
`. TA--1005 on June-14,-2016,. based on a complaint filed by Complainants Ajinomoto Co., Inc.-of- . .
`Tokyo, Japan and Ajinomoto Heartland Inc. of Chicago, Illinois (collectively, "Ajinomoto" or
`"Complainants"). See 81 FR 38735-6 (June 14, 2016). The complaint, as supplemented, alleges
`violations of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), based upon the
`importation into the United States, the sale for importation, and the sale within the United States
`after importation of certain L-tryptophan, L-tryptophan products, and their methods of
`
`1
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`AJINOMOTO EXHIBIT 2017
`CJ CHEILJEDANG v AJINOMOTO
`IPR2017-01698
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`Page 1 of 6
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`

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`production, by reason of infringement of certain claims of the '655 patent and the '3 73 patent
`(collectively, "the asserted patents"). I d. The notice of investigation identified CJ CheilJedang
`Corp. of Seoul, Republic of Korea;· CJ America, Inc. ("CJ America") of Downers ·Grove, Illinois;
`and PT CheilJedang Indonesia of Jakarta, Indonesia (collectively "CJ" or "Respondents") as
`respondents in this investigation. See id. The Office of Unfair Import Investigations is not a
`party to the investigation.
`
`On April 17, 2017, the ALJ issued an initial determination ("ID") granting Complainants'
`unopposed motion for summary determination that they satisfy the economic prong of the
`domestic industry requirement under 19 U.S.C. 1337(a)(3)(A) and (B) for both asserted patents.
`See Order No. 18, unreviewed, Comm'n Notice (May 17, 2017).
`
`On August 11, 2017, the ALJ issued his final initial determination ("FID") finding no
`violation of section 337. Specifically, the FID finds that: (1) Respondents' accused products do
`not infringe the asserted claims of the '373 or the '655 patents either literally or under the
`doctrine of equivalents; (2) claim 10 of the '3 73 patent is invalid for indefiniteness and lack of
`written description; (3) claim 20 of the '655 patent is invalid for lack of written description; and
`(4) Complainants' products do not satisfy the technical prong ofthe domestic industry
`requirement with respect to the '655 or the '373 patents. In addition, the ALJ issued a
`Recommended Determination ("RD") recommending, should the Commission find a section 337
`violation, that the Commission issue: (1) a limited exclusion order against Respondents' accused
`products; and (2) a cease and desist order against Respondent CJ America. The RD further
`recommends no bond during the Presidential review period.
`
`On August 14, 2017, the Commission issued a Notice requesting written submissions on
`the public interest. See 82 FR 39456-57 (Aug. 18, 2017). On September 20, 2017, Respondents
`filed a written submission in response to the Commission's August 14, 2017 Notice. No other
`submissions were received.
`
`On October 12, 2017, the Commission issued a Notice determining to review the FID in
`its entirety. See 82 FR 48528-29 (Oct. 18, 2017). The October 12, 2017 Notice requested
`briefing in response to certain questions relating to the FID's finding of no section 337 violation.
`See id. In addition, the October 12, 2017 Notice solicited written submissions on issues of
`remedy, the public interest, and bonding. See id. On October 27, 2017, the parties filed written
`submissions in response to the October 12, 2017 Notice, and on November 3, 2017, the parties
`filed responses to each other's submissions.
`
`Having examined the record of this investigation, including the FID, the RD, and the
`parties' submissions, the Commission has determined to:
`
`___ . __ ___ ___ __ .(1) _ . .rev:erse.the.FID.'s finding that the.accused products do.not infringe .claim.lO.of. .. __
`the '3 73 patent;
`
`(2)
`
`reverse the FID's finding that the domestic industry requirement is not satisfied
`for the '373 patent.
`
`2
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`Page 2 of 6
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`(3)
`
`(4)
`
`reverse the FID's finding that claim 10 ofthe '373 patent is invalid under 35
`U.S.C. § 112, second paragraph, for indefiniteness;
`
`reverse the FID's finding that claim 10 of the '373 patent is invalid under 35
`U.S.C. § 112, first paragraph, for lack of written description;
`
`(5)
`
`affirm the FID's finding that claim 10 ofthe '373 patent is not invalid under 35
`U.S.C. § 112, first paragraph, for lack of enablement;
`
`(6)
`
`(7)
`
`(8)
`
`(9)
`
`(10)
`
`(11)
`
`affirm the FID's finding that claim 10 of the '373 patent is not invalid under 35
`U.S.C. § 103 for obviousness;
`
`affirm in part and reverse in part the FID' s finding that the accused products do
`not infringe claim 20 of the '655 patent;
`
`reverse the FID's finding that the domestic industry requirement is not satisfied
`for the '655 patent.
`
`affirm the FID's finding that claim 20 of the '655 patent is not invalid under 35
`U.S.C. § 112, second paragraph, for indefiniteness.
`
`reverse the FID's finding that claim 20 of the '655 patent is invalid under 35
`U.S.C. § 112, first paragraph, for lack of written description; and
`
`affirm all other findings in the FID that are not inconsistent with the
`Commission's determination.
`
`Accordingly, the Commission finds that there is a violation of section 33 7 with respect to
`both asserted patents. The Commission has determined the appro,priate remedy is a limited
`exclusion order against Respondents' accused products, and a cease and desist order against
`Respondent CJ America. The Commission has also determined that the public interest factors
`enumerated in subsections 337(d)(l) and (f)(l) (19 U.S.C. 1337(d)(l), (f)(1)) do not preclude
`issuance of the limited exclusion order and cease and desist order. The Commission has further
`determined to set a bond at zero (0) percent of entered value during the Presidential review
`period (19 U.S.C. 1337(j)).
`
`The Commission's orders and opinion were delivered to the President and to the United
`States Trade Representative on the day of their issuance.
`
`The authority for the Commission's determination is contained in section 337 of the
`. __________ T.ariff.Act of 193.0, _as amended (19.U.S.C.J337.), and.in part210 .of the Commis.sion:s.Rules of _
`Practice and Procedure (19 CFR part 210).
`
`3
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`Page 3 of 6
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`By order of the Commission.
`
`Issued: December 18, 201 7
`
`Lisa R. Barton
`Secretary to the Commission
`
`4
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`Page 4 of 6
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`CERTAIN L-TRYPTOPHAN, L-TRYPTOPHAN
`PRODUCTS, AND THEIR METHODS OF PRODUCTION
`
`Inv. No. 337-TA-1005
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached NOTICE has been served on the
`following parties, as indicated, on December 18,2017.
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainants Ajjnomoto Co., Inc. and
`Aiinomoto Heartland, Inc. :
`
`Mareesa A. Frederick, Esq.
`FINNEGAN, HENDERSON, FARABOW, GARRETT
`& DUNNER, LLP
`901 New York Avenue, NW
`Washington, DC 20001
`
`D Via Hand Delivery
`IZI Via Express Delivery
`D Via First Class Mail
`D Other: - - - - -
`
`On Behalf of Respondents CJ CheiiJ edang Corp., CJ
`America, Inc., and PT CheiiJedang Indonesia:
`
`Matthew J. Rizzolo, Esq.
`ROPES & GRAY LLP
`2099 Pennsylvania Ave., NW
`Washington, DC 20006
`
`D Via Hand Delivery
`IZI Via Express Delivery
`D Via First Class Mail
`D Other: - - -- -
`
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