August 1, 2008 - Contrary to The Hague Court's 2007 decision that Ajinomoto's patents covering technology for efficiently producing the lysine feed grade are valid and GBT infringed the patents, an Administrative Law Judge for the U.S. International Trade Commission found in an initial determination on July 31, 2008 that Ajinomoto could not enforce two patents covering such technology. Ajinomoto will immediately ask the ITC itself to review this initial determination, which disregards the law and the facts identified during the ITC's investigation into GBT's misconduct.
In August 2007, The Hague Court ruled that lysine GBT sold in the Netherlands infringed Ajinomoto patents for lysine production. (See http://www.ajinomoto.co.jp/company/about/press/g2007_08_23.html). At the same time, the Hague court declared those patents valid. The Hague court also ordered GBT to pay damages to Ajinomoto for its past patent infringement. The Hague Court addressed the same technology that the ALJ failed to protect.
Ajinomoto is disappointed with the ALJ’s decision. Although the ALJ declared that GBT’s lysine sold in the US, for which Ajinomoto claimed patent infringement, infringed the patents as is the case with The Hague Court, the ALJ at the same time declared that the US patents are invalid because of violation of the best mode requirement. Because the best mode requirement is the US specific, it has no influence on the validity of any foreign counterpart patents. Ajinomoto is confident that we will succeed on appeal. Ajinomoto has worked very hard to produce lysine more efficiently and to lower our customers' costs, and GBT should not profit from our hard work.
The Ajinomoto group has been making intensive investments in R&D for advanced production technologies, and has committed itself to contributing to the feed/animal industry as a world-leading, amino acid-producing company. Patent infringement obstructs such efforts and, therefore, Ajinomoto will continue to pursue necessary measures to protect its legitimate rights.
For further information please contact:
Ajinomoto Co., Inc. CSR & Corporate Communications Department; Tel: +81-3- 5250-8180
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