By Eric Schweibenz
On October 12, 2012, the U.S. International Trade Commission issued a press release announcing their vote to institute an investigation of Certain Reduced Folate Nutraceutical Products and L-Methylfolate Raw Ingredients Used Therein (Inv. No. 337-TA-857).

The investigation is based on a September 10, 2012 complaint filed by South Alabama Medical Science Foundation of Mobile, Alabama, Merck & Cie of Switzerland, and Pamlab LLC of Covington, Louisiana alleging violation of Section 337 in the importation into the U.S. and sale of certain reduced folate nutraceutical products and/or L-methylfolate raw ingredients used therein that infringe one or more claims of U.S. Patent Nos. 5,997,915, 6,673,381, 7,172,778, and/or 6,011,040.  See our September 11, 2012 post for more details.

According to the Notice of Investigation, the ITC has identified Gnosis SpA of Italy, Gnosis Bioresearch SA of Switzerland, Gnosis USA Inc. of Doylestown, Pennsylvania and Macoven Pharmaceuticals LLC of Magnolia, Texas as the respondents in this investigation.

The Notice of Investigation further indicates that the Office of Unfair Import Investigations will not participate as a party in this investigation.

Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that Theodore R. Essex will be the presiding Administrative Law Judge in this investigation.