[Federal Register Volume 72, Number 38 (Tuesday, February 27, 2007)]
[Notices]
[Page 8790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3393]



[[Page 8790]]

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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-572]


 In the Matter of Certain Insulin Delivery Devices Including 
Cartridges Having Adaptor Tops and Components Thereof; Notice of a 
Commission Determination Not To Review an Initial Determination 
Terminating the Investigation in Its Entirety Based Upon Withdrawal of 
the Complaint

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'') of the presiding administrative law judge (``ALJ'') in the 
above-captioned investigation terminating the above-captioned 
investigation as to all respondents based on withdrawal of the 
complaint.

FOR FURTHER INFORMATION CONTACT: Michael K. Haldenstein, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3041. Copies of the 
public version of the ALJ's 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, SW., Washington, DC 20436, telephone 202-205-2000. 
General information concerning the Commission may also be obtained by 
accessing its Internet server (http://www.usitc.gov). The public record 
for this investigation may be viewed on the Commission's electronic 
docket (EDIS) at http://edis.usitc.gov. Hearing-impaired persons are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on June 9, 2006, based on a complaint filed by Novo Nordisk A/S of 
Denmark, Novo Nordisk Inc., of New Jersey and Novo Nordisk 
Pharmaceuticals Industries, Inc. of North Carolina. 71 FR 33484 (June 
9, 2006). The complaint, as supplemented, alleged 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 insulin delivery devices, including cartridges having adaptor 
tops, and components thereof, by reason of infringement of claims 1-3, 
5-7, 11, 18, and 19 of U.S. Patent 5,693,027. The complaint further 
alleged 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 complainants requested that the Commission issue a 
limited exclusion order and cease and desist order. The Commission 
named three companies as respondents: Sanofi-Aventis Deutschland GmbH 
of Germany, Sanofi-Aventis of France, and Aventis Pharmaceuticals, Inc. 
of New Jersey. The ALJ set August 23, 2007 as the target date for 
completion of the investigation.
    On October 5, 2006, complainants filed a motion to withdraw the 
complaint and terminate the investigation as to all parties. The three 
respondents filed a response to the motion on October 13, 2006, arguing 
that while they did not oppose termination of the investigation, 
sanctions and termination with prejudice were appropriate. The 
Commission investigative attorney supported the motion for termination 
of the investigation and opposed imposition of sanctions and 
termination of the investigation with prejudice.
    On January 29, 2007, the ALJ issued the subject ID (Order No. 6) 
granting complainants' motion to terminate the investigation without 
prejudice based upon withdrawal of the complaint. No petitions for 
review of the ID were filed. The Commission has determined not to 
review this ID.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, and Commission rules 
210.21 and 210.42, 19 CFR 210.21 and 210.42.

    By order of the Commission.

    Issued: February 21, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-3393 Filed 2-26-07; 8:45 am]
BILLING CODE 7020-02-P