By Eric Schweibenz and Michael West
On June 15, 2018, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Human Milk Oligosaccharides and Methods of Producing the Same (Inv. No. 337-TA-1120).

By way of background, this investigation is based on an April 2, 2018 complaint filed by Glycosyn, LLC of Waltham, Massachusetts. An amended complaint was filed on May 16, 2018. An additional supplement to the complaint was also filed on May 25, 2018. The complaint, as amended and supplemented, alleges violations of 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 that infringe one or more claims of U.S. Patent No. 9,453,230 (“the ’230 patent”) and U.S. Patent No. 9,970,018 (“the ’018 patent”). See our April 20, 2018 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified Jennewein Biotechnologie GmbH of Germany as the respondent in this matter.

Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that Thomas B. Pender will be the presiding Administrative Law Judge in this matter.