02
Aug
By Eric Schweibenz and Stephen McBride
On August 2, 2018, Heineken International B.V. and Heineken Supply Chain B.V. (both of the Netherlands) along with Heineken USA Inc. of White Plains, N.Y. (collectively “Heineken”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that Anheuser-Busch InBev S.A. and InBev Belgium N.V. (both of Belgium) along with Anheuser-Busch, LLC of St. Louis, Missouri (collectively, “Anheuser-Busch”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain beverage dispensing systems and components thereof that infringe one or more claims of U.S. Patent No. 7,188,751 (the “’751 patent”). According to the complaint, the ’751 patent relates generally to a drink dispenser and its constituent components.

In the complaint, Heineken states that Anheuser-Busch imports and sells products that infringe the ’751 patent. The complaint specifically refers to drink dispensing systems including Anheuser-Busch’s Stella Artois NOVA drink dispensing system, its appliance and replaceable dispensing lines and kegs.

Regarding domestic industry, Heineken states that a domestic industry exists through significant and substantial investments by Heineken and Heineken licensee Hopsy in the Heineken SUB and Blade beverage dispensing systems. The details of these investments were filed as confidential exhibits to the public version of the complaint.

As to related litigation, Heineken states that the ’751 patent has not been the subject of any current or prior litigation, although a European counterpart was upheld after several oppositions. However, Heineken identifies that Anheuser-Busch has commenced patent litigation against Heineken on similar technology in the ITC (Inv. No. 337-TA-1115), the U.S. District Court for the Southern District of New York (C.A. No. 1:18-cv-03856-JPO (stayed)) and through an evidentiary-seizure action in the Netherlands.

With respect to potential remedy, Heineken requests that the Commission issue a permanent limited exclusion order and a permanent limited cease and desist order directed at Anheuser-Busch.