[Federal Register Volume 59, Number 216 (Wednesday, November 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27771]


[[Page Unknown]]

[Federal Register: November 9, 1994]


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

 

In the Matter of: Certain Diltiazem Hydrochloride and Diltiazem 
Preparations; Decision Not To Review an Initial Determination Granting 
Partial Summary Determination of Patent Non-Infringement

AGENCY: 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. 41) issued on September 29, 1994, by the presiding 
administrative law judge (ALJ) in the above-captioned investigation 
granting partial summary determination of patent non-infringement.

FOR FURTHER INFORMATION CONTACT: Mark D. Kelly, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
S.W., Washington, D.C. 20436, telephone 202-205-3106.

SUPPLEMENTARY INFORMATION: The Commission instituted this 
investigation, which concerns allegations of violations of section 337 
of the Tariff Act of 1930 in the importation, sale for importation, and 
sale after importation of certain diltiazem hydrochloride and diltiazem 
preparations, on March 25, 1993. Complainants Marion Merrell Dow, Inc. 
and Tanabe Seiyaku Co., Ltd. allege the importation and sale of 
diltiazem hydrochloride and diltiazem preparations manufactured abroad 
by a process covered by claim 1 of U.S. Letters Patent 4,438,035 (the 
'035 patent). The notice of investigation named nine respondents: 
Profarmaco Nobel SRL (``Profarmaco''), Mylan Pharmaceuticals, Inc. and 
Mylan Laboratories, Inc. (collectively, ``Mylan''), Gyma Laboratories 
of America, Inc. (``Gyma''), Abic Ltd., Orion Corporation, Copley 
Pharmaceuticals, Inc., Interchem Corporation, and Rhone-Poulenc Rorer, 
Inc. 58 FR 16846, March 31, 1993. Plantex USA, Inc. was subsequently 
added as a respondent. 58 FR 34063, June 23, 1993.
    On November 5, 1993, respondents Mylan and Profarmaco filed a 
motion for partial summary determination of non-infringement that 
Profarmaco's ``alternative process'' does not infringe claim 1 of the 
'035 patent. Respondent Gyma subsequently filed its own motion for 
partial summary determination on the same grounds alleged by Mylan/
Profarmaco. On September 29, 1994, the presiding ALJ issued an ID 
(Order No. 41) granting respondents' motions for partial summary 
determination of non-infringement.
    Complainants filed a petition for review of the ID on October 7, 
1994. Respondents Mylan/Profarmaco and Gyma and the Commission 
investigative attorneys filed responses in opposition to the 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 of the Commission's 
Interim Rules of Practice and Procedure, 19 CFR 210.53. No agency 
comments on the ID were received.
    Copies of the nonconfidential version of 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 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.

    By order of the Commission.

    Issued: November 1, 1994.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-27771 Filed 11-8-94; 8:45 am]
BILLING CODE 7020-02-P