On July 6, 2009, Administrative Law Judge Robert K. Rogers, Jr. of USITC issued Order No. 25, recommending termination of U.S. International Trade Commission Investigation No. 337-TA-668 against JC Master clients Nantong Foreign Trade Medicines & Health Products, Co., Ltd. (“NFT”)  The order was based on a June 22, 2009 motion by Complainant Cargill, Incorporated, in which Cargill voluntarily sought termination of the investigation without receiving any payment or other consideration from NFT.  The ALJ's order clears the way for NFT to import and sell vegan glucosamine in the United States without any restriction.

The investigation was based on a January 28, 2009 ITC complaint filed by Cargill, alleging that NFT and five other companies had violated Section 337 through the importation into the U.S. of “vegan” glucosamine (i.e., not derived from shellfish) made according to a process that allegedly infringes U.S. Patent No. 7,049,433 (“the ‘433 patent”). 

 The team advising NFT consists of  partner Daniel Yan and Jessica Liu at JC Master law Offices and  American attorney James C. Otteson and Dr.Xiang Long at Wilson Sonsini Goodrich & Rosati (WSGR).

The team filed a response in March, followed by summary judgment motion based on noninfringement and invalidity of the ‘433’ pattern respectively in May.  The NFT took the depositions of four of the six inventors of the ‘433’ patent from June 12-19, 2009. One week later, Cargill voluntarily filed a motion to withdraw its ITC complaint and terminate the investigation against NFT on 22 June.  The ALJ's July 6, 2009 order granting Cargill's motion allows NFT to import and sell unlimited quantities of vegan glucosamine in the U.S. without the payment of any royalties or other consideration to Cargill, which has announced NFT’s final success of this investigation.