By Eric Schweibenz
On November 20, 2017, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of 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 post for more details on the complaint.
According to the Notice of Investigation, the Commission has identified Sweet Green Fields USA LLC of Bellingham, Washington, Sweet Green Fields Co., Ltd. of Bellingham, Washington, and Ningbo Green-Health Pharma-ceutical Co., Ltd. of China as the respondents in this matter.  The Notice of Investigation further indicates that the Office of Unfair Import Investigations will not participate as a party in the investigation. 
Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that David P. Shaw will be the presiding Administrative Law Judge in this matter.