[Federal Register Volume 59, Number 68 (Friday, April 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8473]


[[Page Unknown]]

[Federal Register: April 8, 1994]


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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-358]

 

Certain Recombinantly Produced Human Growth Hormones; Decision To 
Review and Modify an Initial Determination Designating the 
Investigation ``More Complicated''

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to review and modify an initial determination 
(ID) (Order No. 82) issued on March 2, 1994, by the presiding 
administrative law judge (ALJ) in the above-captioned investigation 
designating the investigation ``more complicated.''

FOR FURTHER INFORMATION CONTACT: Jean H. Jackson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone 202-205-3104.

SUPPLEMENTARY INFORMATION: The Commission instituted this 
investigation, which concerns allegations of section 337 violations in 
the importation of recombinantly produced human growth hormone on 
September 29, 1993. Complainant Genentech Inc. (``Genentech'') alleges 
infringement of claims of four U.S. Letters Patent owned by Genentech.
    On February 25, 1994, respondents Bio-Technology General Corp. and 
Biotechnology General (Israel) (collectively, ``BTG'') filed a motion 
to designate the investigation ``more complicated.'' The presiding 
ALJ's ID granting the motion indicated that the investigation should be 
designated ``more complicated'' because BTG needed additional time to 
complete discovery in this investigation, which involves many factually 
and legally complex issues concerning the validity and enforceability 
of numerous claims of four patents. The ID extended the deadline for 
issuance of the ALJ's final ID by one month, or until July 29, 1994, 
and stated that ``[e]xtension of the Commission action by one month 
would make the Commission's statutory deadline October 31, 1994.'' No 
petitions for review of the ID were filed. No agency comments were 
received.
    After consideration of the record, including the ID, the Commission 
determined on its motion to review the ID and to modify it by striking 
the statement concerning the statutory deadline for Commission action. 
This statement is not consistent with section 337(b), which provides 
that the statutory deadline in ``more complicated'' investigations is 
18 months after the date of institution. The statutory deadline for 
completion of the investigation is therefore March 29, 1995. However, 
the Commission expects to complete this investigation prior to the 
statutory deadline. In all other respects, the Commission adopted the 
ID as the determination of the Commission.
    This action is taken under authority of section 337 of the Tariff 
Act of 1930 (19 U.S.C. 1337) and Secs. 210.55 and 210.59(a) of the 
Commission's Interim Rules of Practice and Procedure (19 CFR 210.55, 
210.59(a)). Copies of the ID, the Commission order modifying the ID, 
and all other nonconfidential documents filed in connection with this 
investigation are or will be available for inspection during official 
business hours (8:45 a.m. 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 this matter can be obtained by contacting the 
Commission's TDD terminal on 202-205-1810.

    Dated: April 4, 1994.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-8473 Filed 4-7-94; 8:45 am]
BILLING CODE 7020-02-P