[Federal Register Volume 76, Number 56 (Wednesday, March 23, 2011)]
[Notices]
[Pages 16445-16446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6799]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-766]
In the Matter of Certain Gemcitabine and Products Containing
Same; 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 January 20, 2011, under section
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Eli Lilly and Company of Indianapolis, Indiana. Eli Lilly filed letters
supplementing the complaint on February 9 and 16, 2011. The Commission
requested additional information on March 2, 1011. Eli Lilly responded
with additional information supplementing its complaint on March 9,
2011. The complaint alleges violations of section 337 based upon the
importation into the United States, the sale for importation, and the
sale within the United States after importation of certain gemcitabine
and products containing same by reason of infringement of certain
claims of U.S. Patent No. 5,606,048 (``the '048 patent''). The
complaint further alleges that an industry in the United States exists
as required by subsection (a)(2) of section 337.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue an exclusion order
and a cease and desist order.
ADDRESSES: The 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 (EDIS) at http://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Office of Unfair Import
Investigations, U.S. International Trade Commission, telephone (202)
205-2560.
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 (2010).
Scope Of Investigation: Having considered the complaint, as
supplemented, the U.S. International Trade Commission, on March 16,
2011, 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 gemcitabine
and products containing same by reason of infringement of one or more
of claims 1-16, 28, 29, and 33-38 of the '048 patent, and whether an
industry in the United States exists as required by subsection (a)(2)
of section 337;
(2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1),
the presiding administrative law judge shall take evidence or other
information and hear arguments from the parties and other interested
persons with respect to the public interest in this investigation, as
appropriate, and provide the Commission with findings of fact and a
recommended determination on this issue;
(3) 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: Eli Lilly and Company, Lilly Corporate
Center, Indianapolis, IN 46285.
(b) The respondents are the following entities alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served: Jiangsu Hansoh Pharmaceutical Co., Ltd., No. 10,
Economic and Technical Development Zone, Lianyungang, 222047 China;
Intas Pharmaceuticals Ltd., Chinubhai Center, Off Nuhru Bridge, Ashram
Road, Ahmedabad--380 009, Gujarat, India; ChemWerth, Inc., 1764
Litchfield Turnpike, Suite 202, Woodbridge, CT 06525-2353; Hospira,
Inc., 275 North Field Drive, Lake Forest, IL 60045-2579.
(c) The Commission investigative attorney, party to this
investigation, is the Office of Unfair Import Investigations, U.S.
International Trade Commission, 500 E Street, SW., Suite 401,
Washington, DC 20436; and
(4) For the investigation so instituted, the Honorable Paul J.
Luckern, Chief Administrative Law Judge, U.S. International Trade
Commission, shall designate 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)-(e) 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 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 an initial determination and a final determination containing
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such findings, and may result in the issuance of an exclusion order or
a cease and desist order or both directed against the respondent.
By order of the Commission.
Issued: March 16, 2011.
James R. Holbein,
Acting Secretary to the Commission.
[FR Doc. 2011-6799 Filed 3-22-11; 8:45 am]
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