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NUTRINOVA NUTRITION SPECIALTIES v. INTERNATIONAL TRADE COM'N

No. 99-1293.

224 F.3d 1356 (2000)

NUTRINOVA NUTRITION SPECIALTIES AND FOOD INGREDIENTS GMBH, and Nutrinova, Inc., Appellants, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Hangzhou Sanhe Food Company Ltd., Hangzhou Sanhe Food Additives Factory, JRS International, Inc., Dingsheng, Inc., and WYZ Tech, Inc., Intervenors.

United States Court of Appeals, Federal Circuit.

August 25, 2000.

Attorney(s) appearing for the Case

Larry L. Shatzer, II, Foley & Lardner, of Washington, DC, argued for appellants. With him on the brief were Charles F. Schill, and Melinda F. Levitt.

Cynthia P. Johnson, Attorney, Office of the General Counsel, U.S. International Trade Commission, of Washington, DC, argued for appellee. With her on the brief were Lyn M. Schlitt, General Counsel; James A. Toupin, Deputy General Counsel; and Rozann M. Stayden, Attorney.

Gary M. Hnath, Venable, Baetjer, Howard & Civilettti, LLP, of Washington, DC, argued for intervenors. With him on the brief was Michael P. Leary.

Before PLAGER, LOURIE, and BRYSON Circuit Judges.

PLAGER, Circuit Judge.

Nutrinova Nutrition Specialties and Food Ingredients GmbH, and Nutrinova, Inc. (collectively, "Nutrinova") own U.S. Patent No. 4,695,629 ("the '629 patent") which covers a process for producing an artificial sweetener, acesulfame potassium ("ASK"). After examining sample batches of ASK imported from the People's Republic of China which raised concerns that the samples were produced by unauthorized use of its patented process, Nutrinova requested...

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