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Complaint of Purecircle Usainc UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, D.C. IN THEMATTER or CERTAIN GLUCOSYLATED STEVIOL Investigation No 337-TA- ‘ GLYCOSIDES,ANDPRODUCTSCONTAINING ' ~—~ SAME COMPLAINT OF PURECIRCLE USAINC. AND PURECIRCLE SDNBHD UNDER SECTION 337 OF THE TARIFF ACT OF 1930. AS A1\/[ENDED COMPLAINANTS2 . PROPOSED RESPONDENTS2 PureCircle USA Inc. Sweet Green Fields USA LLC 915 Harger Road, Suite 250 11 Bellwether Way, Suite 305 Oak Brook, IL 60523 Bellingham, WA 98225 Telephone: (630) 361-0374 Telephone: (360) 483-4555 ‘ PureCircle Sdn Bhd Sweet Green Fields Co., Ltd. Level 12, West Wing, Rohas PureCircle, ll Bellwether Way, Suite 305 No. 9 Jalan P. Ramlee, Bellingham, WA 98225 50250 Kuala Lumpur, Malaysia Telephone: (360) 483-4555 _ Telephone: +603 2166 2206 Ningbo Green-Health Phanna-ceutical Co., Ltd COUNSEL FOR COMPLAINANTS: a/k/a NB Green-Health Pharma-ceutical Co-., Ltd. Richard T. Mulloy Erin P. Gibson Fcnghua Xiwu Town Foreign Technological Jacob D. Anderson Garden Fenghua Zip Code: 315505 DLA PIPER LLP (US) Ningbo, Zhejiang, China 401 B Street, Suite 1700 Telephone: 86-574-ss535566 San Diego, CA 92101 ­ Telephone: (619) 699-2700 Brent O. Hatch Mitchell A. Stephens Shaunda L. McNei1l . HATCH, JAMES & DODGE, PC 10 W. Broadway, Suite 400 Salt Lake City, UT 84101 Telephone: (801) 363-6363 TABLE OF CONTENTS I. INTRODUCTION ............................................................................................................ .. l II. THE PARTIES"-................................................................................................................ .. 2 A. Complainants ........................................................................................................ 2 B. Proposed Respondents .......................................................................................... .. 5 III. THE PRODUCTS-AT-ISSUE .......................................................................................... .. 6 ‘ A. PureCircle’s Flavor Products ................................................................................ .. 6 B. Proposed Respondents’ Infringing Products ........................................................ ... 7' IV. THE PATENT-AT-ISSUE: U.S. PATENT NO. 9,420,815 ............................................. .. 8 . A. Foreign Counterpart Patents ............................................................................... .. 10 B. Licensees Under the ’815 Patent ......................................................................... .. ll C. Non-Technical Description of the Patented Technology ..................................... ll V. UNLAWFUL AND UNFAIR ACTS OF RESPONDENTS— INFRINGEMENT OF THE"’8l5 PATENT ...................................... ............................. ll VI. SPECIFIC INSTANCES OF UNFAIR Il\/IPORTATION AND SALE ......................... .. 12 VII. HARMONIZED TARIFF SCHEDULE ITEM NUMBER ............................................ .. l3 VIII. RELATED LITIGATION .............................................................................................. .. 13 IX. DOMESTIC INDUSTRY ............................................................................................... .. 13 A. PureCircle’s Practice of the ’815 Patent ............................................................. .. l3 B. PureCirc1e’s Invcstmcnts in the Domestic Industry ............................................ 14 l. Significant Investment in Plant and Equipment ...................................... .. 15 2. Significant Employment of Labor and Capital ....................................... .. 1'6 i 3. Substantial Invcstmcnt in Exploiting ‘the ’815 Patent Through Research and Development ........................... .L........................... 17 X. RELIEF ............................................................................................................................ .. 18 i ' EXHIBITS AND APPENDICES TO THE COMPLAINT Exhibit N0. Description 1 Copy ofU.S. Patent No. 9,420,815 2 Copy of Assignment Records for U.S. Patent No. 9,420,815 3 PureCircle Product Information [CONFIDENTIAL] 4 SGF Website Printout, https://sweetgreenfields.com/products-and­ services/products/ 5 Infringement Claim Chart for U.S. Patent No. 9,420,815 6 Domestic Industry Claim Chart for Patent No. 9,420,815 7 Documents Showing Respondents’ Importation of Accused Products [THIRD-PARTY CONFIDENTIAL] 8 Declaration of Rakesh Sinha, Chief Financial Officer of PureCircle Limited, with Exhibits [CONFIDENTIAL] 9 Excerpts of PureCircle’s Fiscal Year 2016 Annual Report ­ 10 FEMA Website Printout, https://www.femafla\(or.org 11 SGF Website Printout, https://sweetgreenfields.com/ 12 ' SGF Website Printout, https://sweetgreenfields.com/press-releases/sWeet­ green-fields-unites-with-longest-standing-supplier-to-create-worlds­ . most-innovative@stevia-company _ 13 _Green-HealthWebsite Printout, http://greenhealth.en.ningboexport.com/ 14 Printout of File Titled “SGF Brochure Digital 032417_0,” available at https://www.tateandlyle.com/sites/default/files/2017.­ 08/SGF%20Brochure%20Digital%20032417_0,pdf 15 SGF Website Printout, http://sweetgreenfields.corn/press-releases/sWeet­ green-fields-unveils-an-innovation-in-enhancing-taste-in-stevia-and= - - sugar-sweetened-producty 16 GRAS Flavoring>Sub'stances 28, available at _ httpsI//WWW.femaflavor.0rg/sites/default/files/InterimGRAS28_Augus t2016_0.pdf 17 Photograph of Sample of Exemplary Domestic Industry Product 11 i 18 Sample of Exemplary Domestic Industry Product (physical exhibit) Appendix Description A Prosecution History of U.S. Patent No. 9,420,815 t B I Patents and Technical References Mentioned in the Prosecution History of U.S. Patent No. 9,420,815 ‘ . C License Agreement for U.S. Patent No. 9,420,815 [CONFIDENTIAL] ‘ iii I. INTRODUCTION 1. This Complaint is filed by PureCircle USA Inc. and PureCircle Sdn Bhd (together, “PureCircle” or “Complainants”) for violation of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, by Proposed Respondents Sweet Green Fields USA LLC, Sweet Green Fields Co., Ltd. (collectively, “SGF”), and Ningbo Green-Health Phanna-ceutical Co., Ltd a/k/a NB ~ Green-Health Pharrna-ceutical Co., Ltd. (together with SGF, “Respondents”). 2. The violation is based upon the unlawful importation into the United States, the sale for importation into the United States, and/or the sale within the United States after importation of certain glycosylated steviol glycosides and products containing same, by Respondents, including products sold under the product name Natrosem or Natrose Flavor (the “Accused Products”). The Accused Products are covered by and infringe one or more claims of U.S. Patent No. 9,420,815 (“the ’815 patent”), of which PureCircle Sdn Bhd is the owner by assignment and PureCircle USA Inc. is the exclusive U.S. licensee. The presently asserted claims of the ’815 patent are as follows: . U.S. Patent N0. Independent Claims Dependent_Claims . Asserted Asserted ' 9,420,815 1 ‘ 2-14 ‘ 3. A domestic industry as required by 19 U.S.C. §§ l337(a)(2) and (3) exists relating to the PureCircle products protected by the ’815 patent, and PureCircle’s significant and substantial investments in plant, labor, capital, equipment, research and development related to developing the patented technology and PureCircle’s domestic industry products to implement the technology. ‘I - 4. , In the alternative, ladomestic industry as required by 19 U.S.C. §§ 1337(a)(2) and (3) is in the process of being established relating to PureCircle products protected by the ’815 patent. PureCircle’s significant and substantialinvestrnents i'nplant, labor, capital, equipment, 1 research and development, and exploitation of the ’815 patent constitute active engagement in necessary and tangible steps to establish the exploitation of PureCircle’s intellectual property rights. As a result of these significant and substantial investments, there is a significant likelihood that the domestic industry requirement as to PureCircle’s domestic industry products will be satisfied in the future, to the extent it is not already established. 5. PureCircle seeks as relief a limited exclusion order pennanently excluding from entry into the United States the Respondents’ infringing glycosylated steviol glycosides and products containing same. PureCircle also seeks a cease and desist order prohibiting Respondents’ importation, sale, offer for sale, advertising, marketing, demonstrating, promoting, or packaging of the infringing glycosylated stevioliglyeosides and products containing same. PureCircle also seeks the imposition of a bond during the 60-day Presidential review period to prevent further injury to PureCircle’s domestic industry relating to the ’8l5 patent. ­ II. THE PARTIES A. Complainants 6. Complainant PureCircle USA Inc. is a Delaware corporation with its principal place of business at 915 Harger Road, Suite 250, Oak Brook, [L 60523. , 7. Complainant PureCircle Sdn Bhd is a Malaysian eolporation with its principal place of business at Level 12, West Wing, Rohas PureCircle, No. 9 Jalan P. Ramlee, 50250 Kuala Lumpur, Malaysia. _ 8. Complainants are each subsidiaries of PureCircle Limited. In iscal Year 2016, PureCircle Limited (Whichis traded on the London Stock Exchange), reported sales of $138.6 million and net profit of $14.6 million. Excerpts firomPureCircle Limited’s 2016 Annual Report are attached hereto as Exhibit 9. 2 9. / Since its founding in 2002, PureCircle Limited, along with its subsidiaries, has been the industry pioneer in large-scale high-purity stevia ingredient
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