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30 August 2018Patents

USITC to investigate AB InBev over Heineken complaint

The US International Trade Commission (ITC) has agreed to launch an investigation into drinks multinational Anheuser-Busch (AB) InBev over methods for dispensing beer.

Yesterday, August 29, the ITC announced the enquiry into whether AB InBev’s Nova draught system infringes a Heineken-owned patent.

Heineken filed its complaint under section 337 of the Tariff Act 1930 in early August, alleging that AB InBev is infringing US patent number 7,188,751, called “Drink dispenser assembly and container for drink and drink dispensing line”.

The announcement comes after the ITC instituted a probe in June into Heineken’s own methods for storing beer after AB InBev accused the company of patent infringement.

AB InBev also sued Heineken in late April at the US District Court for the Southern District of New York, accusing it of infringing US patent numbers 9,162,372; 9,517,876; 9,994,453; and 9,555,572.

The patents relate to a method of storing beer in a keg using a “blow-moulded bag-in-container”.

The ITC’s chief administrative law judge (ALJ) will now assign the latest case to one of the commission’s ALJs, who will schedule and hold an evidentiary hearing. The ALJ will also make an initial determination on whether AB InBev has violated section 337 of the act.

A target date for reaching a conclusion will be set within 45 days of the launch of the investigation.

AB InBev’s brands include Budweiser, Corona and Leffe.

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10 December 2018   Heineken’s Italian arm suffered defeat last week when the EU General Court reversed a European Union Intellectual Property Office decision that had previously gone in its favour.
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15 May 2019   The European Commission has fined Belgium-based brewer AB InBev €200.4 million for breaching antitrust rules.
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8 October 2019   A US International Trade Commission judge has recommended issuing an exclusion order against Anheuser-Busch InBev, after finding that the Belgium-headquartered brewer infringed a Heineken patent related to the storage of beer in kegs.