[Federal Register Volume 62, Number 228 (Wednesday, November 26, 1997)]
[Page 63193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31092]

[[Page 63193]]



[Investigation No. 337-TA-370 (Sanctions Proceeding)]

In the Matter of Certain Salinomycin Biomass and Preparations 
Containing Same; Notice of Postponement of Commission Hearing

AGENCY: U.S. International Trade Commission.

ACTION: Notice.


SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to postpone indefinitely a public hearing in 
the above-captioned proceeding while the Commission considers a joint 
motion by the private parties to terminate the proceeding.

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. General 
information concerning the Commission may also be obtained by accessing 
its Internet server (http://www.usitc.gov or ftp://ftp.usitc.gov).

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on February 6, 1995, based on a complaint filed by Kaken Pharmaceutical 
Co. Inc. (Kaken). On November 6, 1995, the ALJ issued his final initial 
determination (ID) in this investigation, finding no violation of 
section 337 of the Tariff Act of 1930, 19 U.S.C. Sec. 1337, by 
respondents Hoechst Aktiengesellschaft, Hoechst Veterinar GmbH, and 
Hoechst-Roussel Agri-Vet Co. (collectively, Hoechst). His determination 
was based on his findings that the patent at issue was invalid for 
failure to disclose the best mode of operation and unenforceable due to 
inequitable conduct during prosecution of the patent. The ALJ's ID was 
not reviewed by the Commission and was ultimately upheld on appeal to 
the U.S. Court of Appeals for the Federal Circuit, Kaken Pharmaceutical 
Co. v. USITC, Appeal Nos. 96-1300,-1302, nonprecedential opinion dated 
March 31, 1997.
    On January 19, 1996, Hoechst filed a motion for sanctions against 
Kaken, which the Commission referred to the presiding ALJ for issuance 
of a recommended determination (RD). Hoechst's motion alleged, inter 
alia, that Kaken committed sanctionable conduct by filing a complaint 
totally lacking in merit. On May 14, 1997, the ALJ issued his RD in 
which he recommended that the Commission impose on Kaken and its 
attorneys joint and several liability for an amount of money equal to 
double the entire attorneys fees and costs of the Hoechst respondents 
incurred in both the section 337 investigation on the merits and in the 
proceedings on sanctions. All parties filed comments on the RD. On 
August 8, 1997, Kaken and its attorneys requested an opportunity for 
oral argument before the Commission. On October 24, 1997, the 
Commission granted the motion for oral argument and set a hearing date 
for December 10, 1997. 62 FR 58746 (Oct. 30, 1997).
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. Sec. 1337 and Commission rule 210.25, 19 
CFR Sec. 210.25.
    Hearing-impaired persons are advised that information on this 
matter can be obtained by contacting the Commission's TDD terminal on 

    By order of the Commission.

    Issued: November 21, 1997.
Donna R. Koehnke,
[FR Doc. 97-31092 Filed 11-25-97; 8:45 am]