IP NEWSLETTER

Chief Editor：Ruixue Ran 17 March,2010 | No. 141

Catalog

337 Investigations in the U.S.

·CAFC Rules in Favor of China GBT on Lysine Case IP Strategy of Enterprises

EAST ASSOCIATES

Ruixue Ran Tel:(86-10)65906639Ext.254 Fax:（86-10）65906650/51 Email: ruixue_ran@ealawfirm.com www.ealawfirm.com Add:19th Floor, Landmark Tower 2,8North Dongsanhuan Road Beijing 100004,China

337 Investigations in the U.S. U

 CAFC Rules in Favor of China GBT on Lysine Case

On March 8, 2010, United States Court of Appeals for the Federal Circuit(“CAFC”) affirmed the final determination of the International Trade Commission (“Commission”) in the case of lysine feed products, that no violation is found in the investigation of 337-TA-571.

Ajinomoto Co., Inc. and Ajinomoto Heartland LLC (collectively, “Ajinomoto”) filed the Commission with a complaint alleging violation of section 337 in the importation and sale of certain lysine feed products made with the methods claimed by its two U.S. patents. The complaint named Global Bio-Chem Technology Group Company Limited, Changchun Dacheng Bio-Chem Engineering Development Co., Ltd., Changchun Baocheng Bio-Chem Development Co., Ltd., Changchun Dahe Bio Technology Development Co., Ltd, and Bio-Chem Technology (HK) Limited (collectively, “GBT”) as respondents.

In the Initial Determination, the Administrative Law Judge found that the asserted claims were invalid for violation of the best mode requirement, and that both patents were unenforceable for inequitable conduct in the application processes. The Final Determination sustained the Initial Determination.

Counsels representing GBT are Ruixue Ran, East Associates Law Firm, of Beijing, China; Tom M. Schaumberg and Sarah E. Hamblin, Adduci, Mastriani & Schaumberg LLP, of Washington, DC; Claire Laporte, DeAnn F. Smith and Jeremy Younkin of Foley Hoag LLP, from Boston.