[Federal Register Volume 59, Number 168 (Wednesday, August 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21523]


[[Page Unknown]]

[Federal Register: August 31, 1994]


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

 

Certain Recombinantly Produced Human Growth Hormones; Decision 
Not To Review an Initial Determination on Violation Until November 29, 
1994, at the Latest

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 not to review an initial determination (ID) 
(Order No. 132) issued on July 28, 1994, by the presiding 
administrative law judge (ALJ) in the above-captioned investigation 
extending the date for issuance of the ALJ's initial determination on 
violation until November 29, 1994, at the latest.

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

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
concerning 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. patents owned by Genentech.
    On July 21, 1994, respondents Bio-Technology General Corp. and 
Biotechnology General (Israel) (collectively, ``BTG'') and respondents 
Novo-Nordisk A/S; Novo-Nordisk of North America; Novo-Nordisk 
Pharmaceuticals, Inc.; and ZymoGenetics, Inc. (collectively, ``Novo'') 
filed a motion to delay issuance of the initial determination on 
violation. The motion for delay was filed in order to give the ALJ more 
time to consider whether to reopen the evidentiary record in light of 
documents that had recently become available to respondents. Genentech 
had previously claimed privilege as to these documents, but that 
privilege was deemed waived as a result of an inadvertent production to 
the Eli Lilly Company in concurrent multidistrict litigation, In Re 
Recombinant DNA Technology Patent and Contract Litigation, 30 USPQ2d 
1881 (S.D. Ind. 1994). No petitions for review of the ID were filed.
    This action is taken under authority of section 337 of the Tariff 
Act of 1930 (19 U.S.C. Sec. 1337) and sections 210.55 and 210.59(a) of 
the Commission's Interim Rules of Practice and Procedure (19 C.F.R. 
210.55, 210.59(a)). 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 a.m. to 5:15 p.m.) in 
the Office of the Secretary, U.S. International Trade Commission, 500 E 
Street S.W., Washington, D.C. 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: August 22, 1994.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-21523 Filed 8-30-94; 8:45 am]
BILLING CODE 7020-02-P