By John Presper
On May 11, 2021, the ITC issued a Notice of Investigation in Certain High-Potency Sweeteners, Processes for Making Same, and Products Containing Same (Inv. No. 337-TA-1264).

By way of background, this investigation is based on an April 8, 2021 complaint filed by Celanese International Corporation of Irving, Texas, Celanese (Malta) Company 2 Limited of Malta, and Celanese Sales U.S. Ltd. of Irving, Texas (collectively, “Celanese”) alleging a violation of section 337 by 12 respondents in the unlawful importation and/or sale in the U.S. of certain high-potency sweeteners, processes for making same, and products containing same by reason of infringement of one or more claims of U.S. Patent No. 10,023,546 (“the ’546 patent”); U.S. Patent No. 10,208,004 (“the ’004 patent”); U.S. Patent No. 10,590,098 (“the ’098 patent”); U.S. Patent No. 10,233,163 (“the ’163 patent); and U.S. Patent No. 10,590,095 (“the ’095 patent”).

According to the complaint, the asserted patents are all directed to processes for manufacturing the high-potency sweetener acesulfame potassium (“Ace-K”). Celanese is requesting that the Commission issue a permanent limited exclusion order and a permanent cease and desist order directed to the respondents. According to the Notice of Investigation, the Office of Unfair Import Investigations will participate as a party in the investigation. Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that ALJ Clark S. Cheney will preside in the investigation.

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