By Eric Schweibenz and Alex Englehart
On October 20, 2017, PureCircle USA Inc. of Oak Brook, Illinois and PureCircle Sdn Bhd of Malaysia (collectively, “PureCircle”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that 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 (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell 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 (the ’815 patent).

According to the complaint, the ’815 patent generally relates to a taste and flavor profile modifying composition that includes a blend of glucosylated steviol glycosides and residual steviol glycosides which can modify the intensity of a taste and/or flavor in a food or beverage product.

In the complaint, PureCircle states that the Proposed Respondents import and sell products that infringe the ’815 patent. The complaint specifically refers to products sold under the names Natrose and Natrose Flavor as infringing products.

Regarding domestic industry, PureCircle states that its PC Flavor products practice claims of the ’815 patent. PureCircle further states that its PC Flavor products were designed and developed in the U.S. PureCircle also states that it has made significant and substantial investments in the U.S. relating to relevant physical operations, employment of labor and capital, and exploitation of the ’815 patent. PureCircle additionally states that, to the extent that a domestic industry does not currently exist relating to the ’815 patent, such a domestic industry is in the process of being established.

With respect to potential remedy, PureCircle request that the Commission issue a limited exclusion order and a permanent cease and desist order directed at the Proposed Respondents and others acting on their behalf.