Commission Notices

ITC Upholds Finding Of Violation Of Section 337 And Remands For Infringement Finding On Obsolete Products In Certain Windshield Wipers (337-TA-928/937)

By Eric Schweibenz
|
Dec
31
On December 21, 2015, the International Trade Commission (“Commission”) issued a notice determining to review-in-part and, on review, to reverse in part and to vacate in part ALJ Pender’s Initial Determination (“ID”) finding violation of Section 337 in Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-928/937).  Please further note that Oblon represents Complainants in this matter.

By way of background, the investigation is based on July 25, 2014 and October 15, 2014 complaints filed by Valeo North America, Inc. of Troy, Michigan and Delmex de Juarez S. de R.L. de C.V. of Mexico (collectively, “Valeo”) alleging violation of Section 337 by Trico Products Corporation and Trico Componentes SA de CV (collectively, “Trico”) in the importation into the U.S. and sale of certain windshield wipers and components thereof.  See our August 1, 2014, August 28, 2014, October 16, 2014, November 19, 2014, December 15, 2014, July 7, 2015, and November 25, 2015 posts for more details on this investigation.
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ITC Determines Not To Review Remand Initial Determination, Requests Briefing On Remedy, Public Interest, And Bond, And Extends Target Date In Certain Windshield Wipers (337-TA-928/937)

By Eric Schweibenz
|
Feb
12
On February 11, 2016, the International Trade Commission (“Commission”) issued a notice determining not to review (1) ALJ Thomas B. Pender’s Initial Determination granting Complainants Valeo North America, Inc. and Delmex de Juarez S. de R.L. de C.V.’s (collectively, “Valeo”) motion to terminate the remand investigation with respect to certain obsolete products of Respondents Trico Products Corporation and Trico Componentes SA de CV (collectively, “Trico”), and (2) ALJ Pender’s Remand Initial Determination, in Certain Windshield Wipers and Components Thereof (Inv. No. 337-TA-928/937).  Please further note that Oblon represents Complainants in this matter.

By way of background, the investigation is based on July 25, 2014 and October 15, 2014 complaints filed by Valeo alleging violation of Section 337 by Trico in the importation into the U.S. and sale of certain windshield wipers and components thereof.  See our October 16, 2014, November 19, 2014, November 25, 2015, December 31, 2015, and January 27, 2016 posts for more details on this investigation.
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Commission Affirms Summary Determination Of Invalidity In Certain Automated Teller Machines And Point Of Sale Devices (337-TA-958)

By Eric Schweibenz
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May
26
On May 16, 2016, the ITC issued a notice of its decision to review an initial determination granting Respondents NRT Technology Corp. and NRT Technologies, Inc.’s (collectively, “NRT”) motion for summary determination of invalidity of the asserted claims of U.S. Patent No. 6,081,792 (“the ‘792 patent”) in Certain Automated Teller Machines and Point of Sale Devices and Associated Software Thereof (Inv. No. 337-TA-958), and on review, to affirm the initial determination.

By way of background, this investigation is based on a complaint filed by Global Cash Access, Inc. (now called Everi Payments Inc., or “Everi”) alleging violation of Section 337 by Respondents NRT Technology Corp. and NRT Technologies, Inc. (collectively, “NRT”) in the importation and sale of certain automated teller machines and point-of-sale devices and associated software that infringe one or more claims of the ‘792 patent.  See our May 15, 2015 and June 4, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ITC Determines Not To Review Summary Determination of Invalidity Under 35 USC § 101 In Certain Activity Tracking Devices (337-TA-963)

By Eric Schweibenz
|
Jun
23
On June 3, 2016, the International Trade Commission (“Commission”) issued a notice of its decision not to review an Initial Determination (“ID”) granting summary determination that two asserted patents are directed to ineligible subject matter under 35 U.S.C. § 101 in Certain Activity Tracking Devices, Systems, and Components Thereof (Inv. No. 337-TA-963).

By way of background, this investigation is based on a July 8, 2015 complaint filed by AliphCom d/b/a Jawbone and BodyMedia, Inc. (collectively “Jawbone”) alleging violation of Section 337 in the importation into the U.S. and sale of certain wearable fitness and activity tracker devices, systems, and components thereof that infringe one or more claims of U.S. Patent Nos. 8,446,275; 8,529,811; 8,793,522; 8,961,413; 8,073,707; and 8,398,546.  The complaint further alleged that the respondents have engaged in unfair competition and unfair acts by their access and improper use of Jawbone’s trade secret confidential information related to Jawbone’s technology and wearable product development plans, roadmaps, and financial information.  See our July 8, 2015 and August 18, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
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ITC Issues General Exclusion Order In Certain Footwear Products (337-TA-936)

By Eric Schweibenz
|
Jun
24
On June 23, 2016, the International Trade Commission (the “Commission”) issued a notice determining that a Section 337 violation has occurred in Certain Footwear Products (Inv. No. 337-TA-936).  The Commission also issued a general exclusion order prohibiting the unlicensed entry of footwear products that infringe U.S. Trademark Registration Nos. 3,258,103 (the ‘103 trademark) and 1,588,960 (the ‘960 trademark).

By way of background, this investigation is based on an October 14, 2014 complaint filed by Converse Inc. (“Converse”) alleging violation of Section 337 in the importation into the U.S. and sale of certain footwear products that infringe U.S. Trademark Registration No. 4,398,753 (the ‘753 trademark), the ‘103 trademark, and the ‘960 trademark.  Additionally, Converse alleged violation of Section 337 based upon unfair competition/false designation of origin, common law trademark infringement and unfair competition, and trademark dilution.  See our October 15, 2014 and November 14, 2014 posts for more details on the complaint and Notice of Investigation, respectively.  Most of the named respondents were subsequently either found in default or terminated from the investigation based on good cause or settlement and/or consent order stipulation.  However, Wal-Mart Stores, Inc., Skechers U.S.A., Inc., Highline United LLC d/b/a Ash Footwear USA, and New Balance Athletic Shoe, Inc. remained in the investigation.
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ITC Vacates Suspension Of Investigation In Certain Carbon And Alloy Steel Products (337-TA-1002)

By Eric Schweibenz
|
Aug
05
On August 5, 2016, the International Trade Commission (“the Commission”) issued a notice determining to review and reverse an initial determination (ID) suspending the investigation in Certain Carbon and Alloy Steel Products (Inv. No. 337-TA-1002).

By way of background, this investigation is based on a complaint filed by U.S. Steel Corp. (“U.S. Steel”) alleging violation of Section 337 by a number of Chinese steel companies that are conspiring to fix prices, control output and export volumes in violation of Section 1 of the Sherman Act, misappropriating U.S. Steel trade secrets, and falsely designating the origin or manufacturer of steel products being imported or sold for importation into the U.S.  See our April 26, 2016 and June 7, 2016 posts for more details on the complaint and notice of investigation.  On July 6, 2016, ALJ Dee Lord issued Order No. 19 suspending the investigation pursuant to Section 337(b)(3) and Commission Rule 210.23 “to allow the Commission to provide the statutorily required noted to the Secretary of Commerce” given that the present matter comes at least “in part” within the purview of the antidumping and countervailing duty laws, and due to “the pendency of proceedings before the Secretary of Commerce.”  See our July 6, 2016 post for more details on the ID.
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ITC Finds No Violation Of Section 337 In Certain Resealable Packages With Slider Devices (337-TA-962)

By Eric Schweibenz
|
Aug
31
On August 19, 2016, the International Trade Commission (“the Commission”) issued a notice in Certain Resealable Packages with Slider Devices (Inv. No. 337-TA-962).  In the notice, the Commission determined that no violation of Section 337 has occurred in this matter and terminated the investigation.

By way of background, this investigation is based on a June 17, 2015 complaint filed by Reynolds Presto Products Inc. (“Reynolds Presto”) alleging violation of Section 337 in the importation into the U.S. and sale of certain resealable packages with slider devices that infringe one or more claims of U.S. Patent Nos. 6,427,421 (the ‘421 patent); 6,524,002 (the ‘002 patent); and 7,311,443 (the ‘443 patent).  See our June 17, 2015 and July 17, 2015 posts for more details on the complaint.
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ITC Reviews-In-Part And Vacates-In-Part Initial Determination That Patents-In-Suit Are Directed To Ineligible Subject Matter Under § 101 In Certain Wearable Activity Tracking Devices (337-TA-973)

By Eric Schweibenz
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Sep
29
On September 7, 2016, the International Trade Commission (“the Commission”) issued a notice and order in Certain Wearable Activity Tracking Devices, Systems, and Components Thereof (Inv. No. 337-TA-973).  In the notice and order, the Commission determined to review-in-part and vacate-in-part the ALJ’s initial determination (“ID”) in Order No. 24 granting Respondents AliphCom d/b/a Jawbone and BodyMedia, Inc.’s (collectively, “Jawbone”) motion for summary determination that U.S. Patent Nos. 8,920,332 (“the ’332 patent”), 8,868,337 (“the ’337 patent”), and 9,089,760 (“the ’760 patent”) are directed to ineligible subject matter under 35 U.S.C. § 101.

By way of background, this investigation is based on a November 2, 2015 complaint filed by Fitbit, Inc. (“Fitbit”) alleging violation of section 337 in the importation into the U.S. and sale of certain wearable activity tracking devices, systems, and components thereof that infringe one or more claims of the ’332, ’377, and ’760 patents.  See our November 2, 2015 and December 3, 2015 posts for more details on the complaint and Notice of Investigation, respectively.  On August 9, 2016, ALJ Thomas B. Pender issued the public version of Order No. 24 granting Jawbone’s motion for summary determination of invalidity and terminating the investigation in its entirety.  See our August 18, 2016 post for more details on the ID.
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ITC Enters Consent Order In Certain Motorized Self-Balancing Vehicles (337-TA-1000)

By Eric Schweibenz
|
Nov
25
On November 17, 2016, the ITC entered a consent order against Respondent InMotion Entertainment Group LLC (“IMEG”) in Certain Motorized Self-Balancing Vehicles (Inv. No. 337-TA-1000).

By way of background, this investigation is based on a complaint filed by Razor USA, LLC, Inventist, Inc., and Shane Chen (collectively, “Razor”) alleging violation of Section 337 in the importation into the U.S. and sale of certain motorized self-balancing vehicles that infringe one or more claims of U.S. Patent No. 8,738,278 (“the ’278 patent”), and, further, that certain of the named respondents have engaged in unfair methods of competition through false advertising and/or false or misleading representations of fact in connection with the sale and importation of such motorized self-balancing vehicles.  See our March 23, 2016 and June 1, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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ITC Issues Notice Vacating Remedial Orders In Certain Sleep-Disordered Breathing Treatment Systems (337-TA-890)

By Eric Schweibenz
|
Jan
17
On January 12, 2017, the International Trade Commission (“the Commission”) issued a notice in Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof (Inv. No. 337-TA-890).
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ITC Issues Notice Regarding Review Of Initial Determination In Certain Radiotherapy Systems And Treatment Planning Software (337-TA-968)

By Eric Schweibenz
|
Jan
18
On January 13, 2017, the U.S. International Trade Commission (“Commission”) issued a notice and order in Certain Radiotherapy Systems and Treatment Planning Software, and Components Thereof (Inv. No. 337-TA-968).

By way of background, this investigation is based on a September 25, 2015 complaint filed by Varian Medical Systems, Inc. and Varian Medical Systems International AG (collectively, “Varian”) alleging violation of Section 337 by Respondents Elekta AB, Elekta Ltd., Elekta GmbH, Elekta Inc., IMPAC Medical Systems, Inc., Elekta Instrument (Shanghai) Ltd., and Elekta Beijing Medical Systems Co. Ltd. (collectively, “Elekta”) in the importation into the U.S. and sale of certain radiotherapy systems and treatment planning software and components thereof that infringe one or more claims of U.S. Patent Nos. 7,945,021 (“the ’021 patent”); 8,116,430 (“the ’430 patent”); 8,867,703 (“the ’703 patent”); 7,880,154 (“the ’154 patent”); 7,906,770 (“the ’770 patent”); and 8,696,538 (“the ’538 patent’).  See our September 30, 2015 and November 3, 2015 posts for more details on the complaint and Notice of Investigation, respectively. On November 28, 2016, ALJ David P. Shaw issued the public version of his Initial Determination (the “Final ID”) finding a violation of Section 337. See our December 27, 2016 post for more details.
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ITC Affirms ALJ Essex’s Summary Determination Ruling In Certain Beverage Brewing Capsules (337-TA-929)

By Eric Schweibenz
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Jan
23
On January 12, 2017, the U.S. International Trade Commission (“Commission”) issued issued a notice in Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-929).

By way of background, the underlying investigation is based on an August 4, 2014 complaint filed by Adrian Rivera and Adrian Rivera Maynez Enterprises, Inc. (collectively, “ARM”) alleging violation of Section 337 in the importation into the U.S. and sale of certain beverage brewing capsules, components thereof, and products containing the same that infringe one or more claims of U.S. Patent No. 8,720,320. See our August 6, 2014 and September 11, 2014 posts for more details on the complaint and Notice of Investigation, respectively. On March 17, 2016, the Commission issued its final determination and issued a limited exclusion order (“LEO”) and cease-and-desist orders (“CDOs”) directed at Eko Brands, LLC (“Eko”) and other respondents based on their infringement of claims 8 and 19. On December 1, 2016, ALJ Theodore R. Essex granted ARM’s motion for summary determination that Respondents cannot prove their collateral estoppel defense as a matter of law. See our January 19, 2017 post for more details.
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ITC Determines To Review ALJ Bullock’s Initial Determination In Certain Air Mattress Systems (337-TA-971)

By Eric Schweibenz
|
Jan
25
On January 23, 2017, the International Trade Commission (“Commission”) issued a notice of its decision to review in part Chief ALJ Charles E. Bullock’s Initial Determination (“ID”) finding no violation of Section 337 in Certain Air Mattress Systems, Components Thereof, and Methods of Using The Same (Inv. No. 337-TA-971).

By way of background, this investigation is based on an October 16, 2015 complaint filed by Select Comfort Corp. and Select Comfort SC Corp. alleging violation of Section 337 in the importation into the U.S. and sale of certain air mattress systems and components thereof by Respondents Sizewise Rentals LLC, American National Manufacturing Inc., and Dires LLC (d/b/a Personal Comfort Bed) that infringe one or more claims of U.S. Patent Nos. 5,904,172 and 7,389,554. See our October 19, 2015 and November 17, 2015 posts for more details on the complaint and Notice of Investigation, respectively. On November 18, 2016, ALJ Bullock issued the ID finding no violation of Section 337. See our December 13, 2016 post for more details on the public version of the ID.
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ITC Grants U.S. Steel’s Request For Oral Argument Before the Commission In Certain Carbon And Alloy Steel Products (337-TA-1002)

By Eric Schweibenz
|
Feb
27
On February 24, 2017, the International Trade Commission (“Commission”) issued a notice in Certain Carbon and Alloy Steel Products (Inv. No. 337-TA-1002).

By way of background, this investigation was instituted based on a complaint filed by U.S. Steel alleging a violation of section 337 by numerous Chinese steel producers and distributors—as well as certain Hong Kong and U.S. affiliates—by reason of: (1) a conspiracy to fix prices and control output and export volumes, the threat or effect of which is to restrain or monopolize trade and commerce in the U.S.; (2) misappropriation and use of trade secrets, the threat or effect of which is to destroy or substantially injure an industry in the U.S.; and (3) false designation of origin of manufacturer, the threat or effect of which is to destroy or substantially injure an industry in the U.S. See our April 26, 2016, June 7, 2016August 30, 2016, and November 14, 2016 posts for more details on this investigation.
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ITC Postpones Oral Argument Before the Commission In Certain Carbon And Alloy Steel Products (337-TA-1002)

By Eric Schweibenz
|
Mar
16
On March 3, 2017, the International Trade Commission (“Commission”) issued a notice in Certain Carbon and Alloy Steel Products (Inv. No. 337-TA-1002).

By way of background, this investigation was instituted based on a complaint filed by U.S. Steel alleging a violation of section 337 by numerous Chinese steel producers and distributors—as well as certain Hong Kong and U.S. affiliates—by reason of: (1) a conspiracy to fix prices and control output and export volumes, the threat or effect of which is to restrain or monopolize trade and commerce in the U.S.; (2) misappropriation and use of trade secrets, the threat or effect of which is to destroy or substantially injure an industry in the U.S.; and (3) false designation of origin of manufacturer, the threat or effect of which is to destroy or substantially injure an industry in the U.S. See our April 26, 2016, June 7, 2016, August 30, 2016, and February 27, 2017 posts for more details on this investigation.
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ITC Determines to Review And Reverse Initial Determination Terminating U.S. Steel’s False Designation Of Origin Claim In Certain Carbon and Alloy Steel Products (337-TA-1002)

By Eric Schweibenz
|
Mar
20
On February 28, 2017, the International Trade Commission (“Commission”) issued a notice of its determination to review and reverse the Initial Determination (“ID”) of ALJ Dee Lord in Order No. 46 terminating Complainant U.S. Steel Corp.’s (“U.S. Steel”) false designation of origin claim in Certain Carbon and Alloy Steel Products (Inv. No. 337-TA-1002).

By way of background, this investigation was based on a complaint filed by U.S. Steel alleging a violation of section 337 by numerous Chinese steel producers and distributors—as well as certain Hong Kong and U.S. affiliates—by reason of: (1) a conspiracy to fix prices and control output and export volumes, the threat or effect of which is to restrain or monopolize trade and commerce in the U.S.; (2) misappropriation and use of trade secrets, the threat or effect of which is to destroy or substantially injure an industry in the U.S.; and (3) false designation of origin of manufacturer, the threat or effect of which is to destroy or substantially injure an industry in the U.S. See our April 26, 2016, June 7, 2016, August 30, 2016, and November 14, 2016 posts for more details on this investigation.
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ITC Terminates Investigation In Certain Radiotherapy Systems And Treatment Planning Software (337-TA-968)

By Eric Schweibenz
|
May
19
On May 18, 2017, the U.S. International Trade Commission (“Commission”) issued a notice in Certain Radiotherapy Systems and Treatment Planning Software, and Components Thereof (Inv. No. 337-TA-968).

By way of background, this investigation is based on a September 25, 2015 complaint filed by Varian Medical Systems, Inc. and Varian Medical Systems International AG alleging violation of Section 337 by Respondents Elekta AB, Elekta Ltd., Elekta GmbH, Elekta Inc., IMPAC Medical Systems, Inc., Elekta Instrument (Shanghai) Ltd., and Elekta Beijing Medical Systems Co. Ltd. in the importation into the U.S. and sale of certain radiotherapy systems and treatment planning software and components thereof that infringe one or more claims of U.S. Patent Nos. 7,945,021; 8,116,430; 8,867,703; 7,880,154; 7,906,770; and 8,696,538. See our September 30, 2015 and November 3, 2015 posts for more details on the complaint and Notice of Investigation, respectively. On November 28, 2016, ALJ David P. Shaw issued the public version of his Initial Determination (the “Final ID”) finding a violation of Section 337. See our December 27, 2016 post for more details. On January 13, 2017, the Commission determined to review the Final ID's conclusions on several issues and remanded the investigation to the ALJ. On March 31, 2017, the ALJ issued his remand initial determination finding the claims subject to the remand to be nonobvious.
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ITC Issues Final Determination Of Violation Of Section 337 In Certain Air Mattress Systems (337-TA-971)

By Eric Schweibenz
|
May
24
On May 17, 2017, the International Trade Commission (“Commission”) issued a notice of its decision to issue a final determination of violation of Section 337 in Certain Air Mattress Systems, Components Thereof, and Methods of Using The Same (Inv. No. 337-TA-971).

By way of background, this investigation is based on an October 16, 2015 complaint filed by Select Comfort Corp. and Select Comfort SC Corp. (collectively, “Select Comfort”) alleging violation of Section 337 in the importation into the U.S. and sale of certain air mattress systems and components thereof by Respondents Sizewise Rentals LLC, American National Manufacturing Inc., and Dires LLC (d/b/a Personal Comfort Bed) (collectively, “Respondents”) that infringe one or more claims of U.S. Patent Nos. 5,904,172 (“the ’172 patent”) and 7,389,554 (“the ’554 patent”). See our October 19, 2015 and November 17, 2015 posts for more details on the complaint and Notice of Investigation, respectively. On November 18, 2016, ALJ Bullock issued the ID finding no violation of Section 337. See our December 13, 2016 post for more details on the public version of the ID.
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ITC Denies Respondent’s Petitions To Suspend Or Temporarily Rescind Remedial Orders In Certain Network Devices (337-TA-945)

By Eric Schweibenz
|
Jul
25
On July 20, 2017, the International Trade Commission (“Commission”) issued a notice of its decision to deny Respondent Arista Networks Inc.’s (“Arista”) petitions to suspend or temporarily rescind the limited exclusion order (“LEO”) and cease and desist order (“CDO”) issued in Certain Network Devices, Related Software and Components Thereof (II) (Inv. No. 337-TA-945).

By way of background, this investigation is based on a December 19, 2014 complaint filed by Cisco Systems, Inc. of San Jose, California alleging violation of Section 337 in the importation into the U.S. and sale of certain networking equipment and components and software thereof that infringe one or more claims of U.S. Patent Nos. 7,023,853; 6,377,577 (the ’577 patent); 7,460,492; 7,061,875; 7,224,668 (the ’668 patent); and 8,051,211. See our December 29, 2014 and February 6, 2015 posts for more details on the complaint and Notice of Investigation, respectively. On May 4, 2017, the Commission issued its final determination finding that Arista violated Section 337 with respect to the ’577 and ’668 patents, and issued an LEO and a CDO. See our May 8, 2017 post for more details.
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ITC Reverses ALJ Essex’s ID Finding No Violation Of Section 337 And Issues Remedial Orders In Certain L-Tryptophan (337-TA-1005)

By Eric Schweibenz
|
Dec
18
On December 18, 2017, the U.S. International Trade Commission (“Commission”) issued a notice regarding its final determination in Certain L-Tryptophan, L-Tryptophan Products, and Their Methods of Production (Inv. No. 337-TA-1005).

By way of background, this investigation is based on a May 10, 2016 complaint filed by Ajinomoto Co., Inc. and Ajinomoto Heartland Inc. 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 L-tryptophan and L-tryptophan products that infringe one or more claims of U.S. Patent Nos. 7,666,655 and 6,180,373. See our May 10, 2016 and June 13, 2016 posts for more details on the complaint and Notice of Investigation, respectively.
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