On September 27, 2012, ALJ Robert K. Rogers, Jr. issued a notice regarding the Initial Determination on Violation (“ID”) in Certain Coenzyme Q10 Products and Methods of Making Same (Inv. No. 337-TA-790).
By way of background, the investigation is based on a complaint filed by Complainant Kaneka Corporation alleging violation of Section 337 in the importation into the U.S. and sale of certain coenzyme Q10 products made by certain processes that infringe one or more claims of U.S. Patent No. 7,910,340 (the ‘340 patent). The Respondents are Zhejiang Medicine Co., Ltd., ZMC-USA, L.L.C., Xiamen Kingdomway Group Co., Pacific Rainbow International Inc., Mitsubishi Gas Chemical Co., Inc., Mitsubishi Gas Chemical America, Maypro Industries, Inc., and Shenzhou Biology & Technology Co., Ltd. (collectively, the “Respondents”). See our July 15, 2011 post for more details.
According to the notice, ALJ Rogers determined that there is no violation of Section 337 by the Respondents in this investigation with respect to the ‘340 patent. More specifically, ALJ Rogers found that none of the Respondents’ accused products infringe the ‘340 patent; an industry does not exist in the U.S. that exploits the ‘340 patent; and the asserted claims of the ‘340 patent are not invalid.
The notice issued by ALJ Rogers released only the conclusions of law in the ID. We will provide additional information after the public version of the ID issues in its entirety.