Global Bio-Chem Technology Group Company Limited, Foley Hoag LLP, and Adduci, Mastriani & Schaumberg LLP Prevail in International Trade Commission Patent Infringement Investigation
Washington, D.C. - July 31, 2008
Judge rules that Chinese biotechnology company GBT may continue to import lysine
Global Bio-Chem Technology Group Company Limited and its affiliates (GBT), the largest lysine producer in China and the largest vertically integrated corn-based biochemical manufacturer in Asia, has prevailed after an evidentiary hearing before the United States International Trade Commission (USITC) in a patent infringement investigation brought by Ajinomoto Heartland LLC and Ajinomoto Co., Inc. (Ajinomoto). In today’s ruling, the Administrative Law Judge (ALJ) held that the claims of Ajinomoto’s two patents were invalid for failure to disclose the best mode of practicing the invention, thus finding no violation of Section 337 of the Tariff Act of 1930. The ALJ also ruled that both patents were unenforceable because Ajinomoto had committed inequitable conduct. The law firms Foley Hoag LLP and Adduci, Mastriani & Schaumberg LLP and East Associates represent GBT in the investigation.
Li Weigang, Assistant General Manager of Global Bio-Chem Technology Group Company Limited, said, “We are pleased that the ALJ has determined that there was no violation of Section 337. Today’s ruling maintains continued competition in the marketplace, which will benefit American consumers during this time of rising food prices.”
About GBT:
GBT (www.globalbiochem.com) is listed on the Main Board of the Stock Exchange of Hong Kong Limited and principally engaged in the manufacture and sales, research and development of corn based biochemical products in the People’s Republic of China (“PRC”). Its products are sold in the PRC and other countries in Asia, Europe, America and Africa. Headquartered in Hong Kong and with its production facilities based in Changchun and Dehui in Jilin Province and Jinzhou in Liaoning Province in the PRC, GBT is the largest vertically integrated corn based biochemical product manufacturer in Asia with an annual corn processing capacity of 2.4 million metric tonnes. GBT is also the largest lysine producer in the PRC and one of the major lysine producers in the world with an annual capacity of approximately 400,000 metric tonnes.
About Adduci, Mastriani & Schaumberg LLP
Established more than twenty-five years ago in Washington, D.C., Adduci, Mastriani & Schaumberg LLP (www.adduci.com) represents both domestic and international clients in international trade disputes before the U.S. International Trade Commission and other federal regulatory bodies and courts. The firm has pursued the interests of companies in the electronics, pharmaceutical, bio-technology and automotive industries. Adduci, Mastriani & Schaumberg LLP is committed to providing excellence by listening to clients, offering realistic legal evaluations, developing strategies and implementing them in a cost efficient manner in the areas of international trade, customs and intellectual property litigation.
About East Associates
East Associates, a PRC law firm founded in 1993, has been selected as one of the top law firms in the Asia-Pacific region by Legal 500, and received the distinction of Outstanding Beijing Law Firm. It is one of the earliest law firms in China to establish a practice in U.S. Section 337 Investigations. For more information, please visit www.ealawfirm.com.
CATEGORIES
Banking, Healthcare, Life Sciences, Technology Transfer & Licensing, Venture Capital & Emerging Companies, Business, Intellectual Property Litigation, Intellectual Property, International, Litigation, Patent, Trademark