In re: Certain Beverage Dispensing Systems and Components Thereof (ITC Inv. No. 337-TA-1130)

Analysis Group worked with Heineken International B.V., Heineken Supply Chain B.V., and Heineken USA Inc. (Heineken), the complainants in a Section 337 investigation by the US International Trade Commission (ITC). Heineken claimed that Anheuser-Busch InBev S.A. and its subsidiaries (ABI) imported beverage dispensing systems and components that infringed a Heineken patent. Heineken sought a permanent limited exclusion order to block further imports of the infringing dispensers, as well as a permanent cease-and-desist order to prevent ABI from marketing or selling the infringing beverage dispensing systems and components in the US.

An Analysis Group team led by Vice President F. Michael Nolan and Manager Kate Schofield supported Managing Principal Carla S. Mulhern in analyzing economic issues related to domestic industry, the amount and significance of ABI’s inventory of the accused products, and bond. Ms. Mulhern submitted an expert report and provided testimony at deposition as well as at the evidentiary hearing.

Judge MaryJoan McNamara ultimately ruled that Heineken had established the existence of a domestic industry and recommended a limited exclusion order against ABI, as well as a cease-and-desist order. The judge also required ABI to post a 5% bond during the Presidential Review Period.

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