[Federal Register Volume 69, Number 122 (Friday, June 25, 2004)]
[Notices]
[Pages 35676-35677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14508]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-515]


In the Matter of Certain Injectable Implant Compositions; Notice 
of Investigation

AGENCY: U.S. International Trade Commission.

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

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on May 26, 2004 under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Inamed Corporation of Santa Barbara, California. An amended complaint 
was filed on June 16, 2004, and a letter supplementing the amended 
complaint was filed on June 17, 2004. The amended complaint 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 injectable implant compositions by reason of 
infringement of claims 1, 2, 7, 12, 18, 20, 25, 26, 30, 31, 32, 33 and 
34 of U.S. Patent No. 4,803,075. The amended complaint further alleges 
that an industry in the United States exists, or is in the process of 
being established, as required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a permanent exclusion 
order and permanent cease-and-desist orders.

ADDRESSES: The amended complaint, except for any confidential 
information contained therein, is 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 at http://www.usitc.gov. The 
public record for this investigation may be viewed on the Commission's 
electronic docket imaging system (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Karin J. Norton, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2606.

    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 (2003).
    Scope of Investigation: Having considered the amended complaint, 
the U.S. International Trade Commission, on June 21, 2004, ordered 
that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as 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 injectable 
implant compositions by reason of infringement of claims 1, 2, 7, 12, 
18, 20, 25, 26, 30, 31, 32, 33 or 34 of U.S. Patent No. 4,803,075, 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 complainant is--

Inamed Corporation, 5540 Ekwill Street, Santa Barbara, CA 93111.
    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are parties upon which the complaint is 
to be served:
Q-Med Aktiebolag, Seminariegatan 21, 752 28 Uppsala, Sweden.
Medicis Aesthetics, Inc., 8125 North Hayden Road, Scottsdale, AZ 85258.

    (c) Karin J. Norton, Esq., Office of Unfair Import Investigations, 
U.S. International Trade Commission, 500 E Street, SW., Suite 401, 
Washington, DC 20436, who shall be the Commission investigative 
attorney, party to this investigation; and
    (4) For the investigation so instituted, the Honorable Delbert R. 
Terrill, Jr. is designated as the presiding administrative law judge.
    A response 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 not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting the responses to 
the complaint and the notice of investigation 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 a final determination containing such findings, and may result 
in the issuance of a limited exclusion order or cease-and-desist order 
or both directed against such respondent.

    By order of the Commission.

[[Page 35677]]

    Issued: June 22, 2004.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 04-14508 Filed 6-24-04; 8:45 am]
BILLING CODE 7020-02-P