ITC Dismisses Another CoQ10 Infringement Case

CITY OF INDUSTRY, Calif.Pacific Rainbow International (PRI) has reported the U.S. International Trade Commission (ITC) will not review the prior decision by ITC Judge Robert Rodgers that Pacific Rainbow and its supplier, Xiamen Kingdomway Group Company (XKGC), do not infringe upon Kaneka's CoQ10 patent (U.S. #7,910,340). This becomes the final decision in the ITC complaint.

As in the case between Kaneka and ZMC, Roberts ruled there is no violation of 19 U.S.C. § 1337: the manufacture, importation and sale of CoQ10 products by Pacific Rainbow and its supplier do not infringe upon '340 patent claims, and there is no established domestic industry exploiting the patent.

"The Commission affirmed our victory on the basis that Kaneka does not have a domestic industry," said Herman Zhang, president of Pacific Rainbow International.  "This is a complete victory, and means that XKGC and PRI may freely import and sell CoQ10 in the United States."

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