By Eric Schweibenz
On December 12, 2017, ALJ Shaw issued Order No. 5 in Certain Glucosylated Steviol Glycosides and Products Containing Same (Inv. No. 337-TA-1085).

By way of background, this investigation is based on an October 20, 2017 complaint filed by PureCircle USA Inc. of Oak Brook, Illinois and PureCircle Sdn Bhd of Malaysia alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain glucosylated steviol glycosides and products containing same that infringe one or more claims of U.S. Patent No. 9,420,815. See our October 27, 2017 and November 27, 2017 posts for more details on the complaint and Notice of Investigation, respectively.

According to Order No. 5, ALJ Shaw set April 12, 2019 as the target date for completing this investigation (which is approximately 16 months after institution of the investigation). ALJ Shaw further noted that the initial determination on violation will be due on December 12, 2018.