On September 29, 2012, Administrative Law Judge Robert K. Rogers, Jr. of United States International Trade Commission (USITC) issued an initial determination notice about the investigation of “certain coenzyme Q10 products and methods of making same”, and it announced that Xiamen Kingdomway Group Company（Kingdomway）didn’t infringe the right of Kaneka Corporation of Japan. The formal initial determination is expected to be issued at the end of January 2013. Kingdomway’s final success of this investigation will make it expand the market share rapidly, and give Kaneka Company a fatal blow.
The investigation was based on an application of 337 investigation filed in USITC by Kaneka Company on June 17, 2011, and it alleged that coenzyme Q10 products of several companies including Kingdomway had infringed its registered U.S. Patent No. 7,910,340 (“the ‘340 patent’”). On July 14, 2011, USITC issued a formal investigation notice on “certain coenzyme Q10 products and methods of making same”. After Kingdomway received investigation notice, it responded to the action actively and engaged lawyers of China and the United States to compose a team and represent it in the litigation.
The Chinese lawyers of this case are Jessica Liu and Daniel Yan of JC Master Law Offices, and both of them are able to use English as working language skillfully and have rich experiences in dealing with legal affairs concerning foreign cases. Besides, they were the first senior trainees of lawyers specially handling foreign-related matters to attend the training class on Anti-dumping, Anti-subsidy and Safeguard which was held by the Department of Justice and the Department of Commerce of Jiangsu Province at the end of 2007. They have participated in the training of anti-barriers to international trade at Maryland University. They have practiced in the famous intellectual property law offices in America, and have had long-term cooperation with several intellectual property law firms. In the process of representing Kingdomway in the litigation, the Chinese lawyers completed a large number of heavy and complicated works, such as millions of pages of evidence discovery, on-site sampling and investigation on the production site of Inner Mongolia, cooperation with U.S. laboratory and scientists, etc.
As early as 2009, Jessica Liu and Daniel Yan at JC Master cooperated with American attorneys to represent Nantong Foreign Trade Medicines & Health Products, Co., Ltd. in ITC 337 and won the case in four months, which set the record for being the fastest to win in ITC 337. The victory was enormously reported by domestic and foreign mainstream media.
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