On Tuesday, August 6, 2019, the Federal Circuit affirmed an International Trade Commission (ITC) decision upholding Finnegan client Ajinomoto’s E. Coli bacteria patent used to produce amino acid. In May 2016, Ajinomoto challenged Korean company CJ CheilJedang Corp.’s imports of E.Coli strains at the ITC. As a result, CJ developed two work-around strains. While the ITC administrative law judge initially ruled that there was no infringement of Ajinomoto’s patents, the full commission’s review found Ajinomoto’s patent claim held up and was infringed by CJ’s two work-around strains. The ITC issued a limited exclusion order against the infringing products and a cease-and-desist order against an American subsidiary, which had an inventory of the infringing products.
