[Federal Register Volume 64, Number 221 (Wednesday, November 17, 1999)]
[Notices]
[Pages 62686-62687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29918]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-425]


Certain Amino Fluoro Ketone Compounds; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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

SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on October 12, 1999, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Prototek, Inc. of Dublin, California, and Enzyme Systems Products, Inc. 
of Livermore, California. A supplement to the complaint was filed on 
November 1, 1999. The complaint, as supplemented, alleges violations of 
section 337 in the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain amino fluoro ketone compounds by reason of infringement of 
claims 1-6 of U.S. Letters Patent 4,518,528, claim 1 of U.S. Letters 
Patent 5,210,272, and claim 1 of U.S. Letters Patent 5,344,939. The 
complaint further alleges that an industry in the United States exists 
as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after a hearing, issue a permanent limited exclusion 
order and permanent cease and desist orders.

ADDRESSES: The complaint and supplement, except for any confidential 
information contained therein, 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, SW, Room 
112, Washington, DC 20436, telephone 202-205-2000. Hearing-impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on 202-205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
202-205-2000. General information concerning the Commission may also be 
obtained by accessing its internet server (http://www.usitc.gov).

FOR FURTHER INFORMATION CONTACT: Benjamin D. M. Wood, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2582.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (1998).

Scope of Investigation

    Having considered the complaint, the U.S. International Trade 
Commission, on November 8, 1999, Ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as

[[Page 62687]]

amended, an investigation be instituted to determine whether there is a 
violation of subsection (a)(1)(B) of section 337 in the importation 
into the United States, the sale for importation, or the sale within 
the United States after importation of certain amino fluoro ketone 
compounds by reason of infringement of claims 1-6 of U.S. Letters 
Patent 4,518,528, claim 1 of U.S. Letters Patent 5,210,272, or claim 1 
of U.S. Letters Patent 5,344,939, and whether an industry in the United 
States exists as required by subsection (a)(2) of section 337.
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainants are--

Prototek, Inc., 6501 Sierra Lane, Dublin, California 94568
Enzyme System Products, Inc., 486 Lindbergh Avenue, Livermore, 
California 94550

    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Bachem AG, Hauptstrasse 144, CH-4416 Bubendorf, Switzerland
Bachem California, Inc., 3132 Kashiwa Street, Torrance, California 
90505
Bachem Bioscience, Inc., 3700 Horizon Dr., King of Prussia, 
Pennsylvania 19406

    (c) Benjamin D. M. Wood, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW, 
Room 401-I, Washington, DC 20436, who shall be the Commission 
investigative attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern is designated as the presiding administrative law judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be 
considered by the Commission if received no later than 20 days after 
the date of service by the Commission of the complaint and notice of 
investigation. Extensions of time for submitting responses to the 
complaint will not be granted unless good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter both an initial determination and a final determination 
containing such findings, and may result in the issuance of a limited 
exclusion order or a cease and desist order or both directed against 
such respondent.

    Issued: November 9, 1999.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 99-29918 Filed 11-16-99; 8:45 am]
BILLING CODE 7020-02-P