Patent Litigation Matters

In re Certain Non-Shellfish Derived Glucosamine and Products Containing Same, ITC Inv. No. 337-TA-668 (2009).

Jim Otteson was lead counsel for Nantong Foreign Trade Medicines & Health Products, Co. (NFT) in a case brought by Cargill, a multinational producer and marketer of food, agricultural and industrial products. Cargill alleged that NFT violated Section 337 through the importation into the U.S. of "vegan" glucosamine (i.e., not derived from shellfish), which NFT made through a process that Cargill asserted infringed U.S. Patent No. 7,049,433 (the '433 patent). Glucosamine, commonly used to treat and prevent osteoarthritis, is one of the most widely used dietary supplements in the world. After Mr. Otteson deposed four of the six inventors of the '433 patent and filed two summary determination motions (on noninfringement and invalidity), Cargill voluntarily sought termination of the investigation without receiving any payment or other consideration from NFT. The ITC's termination of the investigation pursuant to Cargill's request cleared the way for NFT to import and sell vegan glucosamine in the United States without any restriction.

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