Recently Judge Mitchell S. Goldberg for the U.S. District Court for the District of Delaware approved and adopted Magistrate Judge Lloret’s Markman decision in its entirety, finding Plaintiff Kyowa Hakko Bio Co.’s (KHB) asserted patent claims invalid as indefinite. KHB had asserted infringement of its U.S. Patent RE45,723 allegedly covering an Ajinomoto process for manufacturing glutamic acid commonly used as an additive in food products.
The decision marks the end of a protracted claim construction period in the lawsuit. As a result of Oblon’s work – one of the largest law firms in the U.S. focused exclusively on intellectual property law – Ajinomoto’s U.S. business ventures relating to glutamic acid will continue without interruption.
The decision also highlights that U.S. claim construction determinations can be confirmed by statements made to a foreign patent office. According to Judge Goldberg, KHB’s statements at a foreign patent office constituted “blatant admissions” regarding the disputed claim term in the context of the same patent specification.
Ajinomoto is represented by Oblon Partners Eric Schweibenz and Stephen Baxter.