By Eric Schweibenz and Michael West
On April 2, 2018, Glycosyn, LLC of Waltham, Massachusetts filed a complaint requesting that the U.S. International Trade Commission (“Commission”) commence an investigation pursuant to Section 337.

The complaint alleges that the following entities (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain human milk oligosaccharides that infringe one or more claims of U.S. Patent No. 9,453,230 (“the ’230 patent” or “the asserted patent”):

According to the complaint, the asserted patent generally relates to human milk oligosaccharides and production methods. In particular, the ’230 patent describes compositions and methods for producing purified HMOs, including 2′FL, by utilizing an engineered E. coli bacterium.

In the complaint, Glycosyn states that the Proposed Respondents import and sell products that infringe the asserted patent. The complaint specifically refers to human milk oligosaccharide 2′-FL (“Jennewein 2′-FL”) associated with the Proposed Respondents as an infringing product.

As to related litigation, Glycosyn states that, concurrently with the filing of the instant ITC complaint, it also filed a complaint against one of the Proposed Respondents in the U.S. District Court for the District of Massachusetts alleging infringement of the asserted patent.

With respect to potential remedy, Glycosyn requests that the Commission issue a limited exclusion order and permanent cease-and-desist orders directed at the Proposed Respondents and their related entities.

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