In Ajinomoto Co., Inc. v. Int'l Trade Comm'n, No. 09-1081, the Federal Circuit faced a challenge to the International Trade Commission's final determination that the importation and sale of certain lysine feed products did not violate section 337 of the Tarrif Act. Petitioner's patents claimed an improved method of producing L-lysine with genetically engineered E-Coli bacteria.
In affirming the Commission's finding, the court held that the asserted claims of plaintiffs' patents were invalid under 35 U.S.C. section 112 for failure to comply with the best mode requirement and that they waived their right to challenge the Commission's finding that the '698 patent is unenforceable due to inequitable conduct.