CERTAIN ACESULFAME POTASSIUM AND BLENDS AND PRODUCTS CONTAINING SAME

The administrative law judge has issued on this day the initial Determination in this investigation on the question of violation of section 337. Among the conclusions of law made in the initial Determination, are the following:

1. The Commission has personal jurisdiction over the parties and subject matter jurisdiction over this investigation.

2. There have been importations and sales after importation of accused products.

3. It has been established by clear and convincing evidence that the claims of the'068 patent are invalid for obviousness under 35 U.S.C. §103

4. It has not been established that the claims of the '068 patent are invalid for failure to comply with the requirements of 35 U.S.C §112

5. It has not been established that respondents have infringed any claim of the '629 patent.

6. It has not been established that respondents have induced infringement of the '068 patent.

7. The domestic industry requirement of section 337 is satisfied.

8. There is no violation of section 337. 

    In addition, order No. 26 has issued, denying respondents' motion for sanctions (Motion No.403-41), and denying complainants' cross-motion for sanctions(Motion No .403-45).

                                 Sidney Harris

                                 Administrative Law Judg

                                 Issued: November 20 , 1998