On May 3, 2019, just days prior to trial at the ITC, Anheuser-Busch announced it would entirely withdraw its patent infringement case against Heineken. Anheuser-Busch previously dropped allegations of infringement related to two of its four patents after intensive fact and expert discovery spanning Belgium, the Netherlands and the United States. Anheuser-Busch’s abrupt dismissal of its entire case followed a Markman order and rulings on numerous motions and high-priority objections that largely favored Heineken. Administrative Law Judge (ALJ) Charles Bullock issued an initial determination terminating the case in its entirety.

Just two weeks prior to Anheuser-Busch’s withdrawal, the parties completed another trial at the ITC. In this case, Heineken filed an offensive action alleging that Anheuser-Busch’s NOVA® draught systems used for Stella Artois beer infringe Heineken’s patented beer dispensers for carbonated beverages that are designed to improve the beer’s taste and be more hygienic than traditional kegs as the dispensing tube is replaceable and does not require cleaning. The ITC’s determination in March 2020 found Heineken had demonstrated direct, induced and contributory infringement by Anheuser-Busch; that Heineken had proven a domestic industry through its licensee Hopsy’s activities with the SUB system; and that its patent was not invalid or unenforceable. Remedies entered include a limited exclusion order against the NOVA® system and its components, and a cease and desist order against Anheuser-Busch.