AJINOMOTO CO., INC. v. INTERNATIONAL TRADE COM'N

No. 2009-1081.

597 F.3d 1267 (2010)

AJINOMOTO CO., INC. and Ajinomoto Heartland LLC, Appellants, v. INTERNATIONAL TRADE COMMISSION, Appellee, and 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, Intervenors.

United States Court of Appeals, Federal Circuit.

March 8, 2010.


Attorney(s) appearing for the Case

Joseph M. Malkin, Orrick, Herrington & Sutcliffe LLP, of San Francisco, CA, argued for appellants. Of counsel were E. Joshua Rosenkranz and Alex V. Chachkes, of New York, NY, and Kurt T. Mulville, of Irvine, CA.

James A. Worth, Attorney, Office of the General Counsel, United States International Trade Commission, of Washington, DC, argued for appellee. With him on the brief were James M. Lyons, General Counsel, and Wayne W. Herrington, Assistant General Counsel.

Claire Laporte, Foley Hoag LLP, of Boston, MA, argued for intervenors. With her on the brief were DeAnn F. Smith, Jeremy A. Younkin, and Marco J. Quina. Of counsel on the brief were Ruixue Ran, East Associates Law Firm, of Beijing, China, and Tom M. Schaumberg and Sarah E. Hamblin, Adduci, Mastriani & Schaumberg LLP, of Washington, DC.

Before NEWMAN, LOURIE and LINN, Circuit Judges.


LOURIE, Circuit Judge.

Ajinomoto Co., Inc. and Ajinomoto Heartland LLC (collectively, "Ajinomoto") appeal from the final determination of the International Trade Commission ("Commission") that the importation and sale of certain lysine feed products did not violate section 337 of the Tariff Act of 1930 as amended, 19 U.S.C. § 1337. The Commission found that (1) the asserted claims of Ajinomoto's U.S. Patents 5,827,698 ("the '698 patent") and 6,040,160 ("the ...

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