[Federal Register Volume 59, Number 3 (Wednesday, January 5, 1994)]
[Notices]
[Page 594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-152]


[[Page Unknown]]

[Federal Register: January 5, 1994]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-349]

 

Commission Decision Not To Review an Initial Determination 
Suspending the Investigation

    In the Matter of Certain Diltiazem Hydrochloride and Diltiazem 
Preparations

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review an initial determination (ID) 
issued by the presiding administrative law judge (ALJ) suspending the 
above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Cynthia P. Johnson, Esq., Office of 
the General Counsel, U.S. International Trade Commission, telephone 
202-205-3098.

SUPPLEMENTARY INFORMATION: On March 31, 1993, the Commission instituted 
an investigation into allegations by complainants Tanabe Seiyaku Co., 
Ltd. and Marion Merrell Dow (``complainants'') that respondents Gyma 
Laboratories of America, Inc.; Mylan Pharmaceuticals, Inc., Mylan 
Laboratories, Inc. and Profarmaco Norbel SRL (``Mylan respondents'') ; 
Orion Corporation Fermion, Interchem Corporation, Rhone-Poulenc Rorer, 
Inc., and Copley Pharmaceuticals, Inc. (``the Fermion Respondents''); 
and Abic Ltd. (``Abic'') were violating section 337 in the importation 
and sale of certain diltiazem hydrochloride and diltiazem preparations 
allegedly manufactured abroad by a process covered by claim 1 of U.S. 
Letters Patent 4,438,035 (``the '035 patent''). Plantex USA 
(``Plantex'') was later added as a respondent. On May 3, 1993, 
respondent Abic requested that the U.S. Patent and Trademark Office 
(``PTO'') reexamine all claims of the '035 patent. On June 25, 1993, 
the PTO granted Abic's request and began reexamination proceedings. On 
November 22, 1993, the PTO issued an office action rejecting claims of 
the '035 patent as obvious under 35 U.S.C. 103.
    On November 23, 1993, as a result of the PTO's rejection, 
complainants moved to suspend the Commission investigation pending the 
outcome of the PTO reexamination proceedings. Respondents opposed the 
motion, and the Commission investigative attorney (IA) supported the 
motion. On November 24, 1993, the presiding ALJ issued an ID suspending 
the investigation until 30 days after the completion of reexamination 
proceedings at the PTO or until such time as may be prescribed by the 
Commission.
    On December 2, 1993, Abic and Plantex filed a petition for review 
of the ID. On December 6, 1993, the Fermion respondents filed a 
response in support of Abic and Plantex's petition for review. On 
December 9, 1993, complainants and the IA filed oppositions to 
respondents' petition for review.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930 (19 U.S.C. 1337) and Sec. 210.53(h) of the 
Commission's Interim Rules of Practice and Procedure (19 CFR 
210.53(h)).
    Copies of the ID and all other nonconfidential documents filed in 
connection with this investigation are available for inspection during 
official business hours (8:45 to 5:15 p.m. in the Office of the 
Secretary, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone 202-205-2000. Hearing-impaired persons 
are advised that information on the matter can be obtained by 
contacting the Commission's TDD terminal on 202-205-1810.

    Issued: December 28, 1993.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-152 Filed 1-4-94; 8:45 am]
BILLING CODE 7020-02-P