[Federal Register Volume 77, Number 200 (Tuesday, October 16, 2012)]
[Notices]
[Pages 63336-63337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25378]


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 INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-857]


Certain Reduced Folate Nutraceutical Products and L-Methylfolate 
Raw Ingredients Used Therein; Institution of Investigation Pursuant to 
United States Code

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on September 10, 2012, under 
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on 
behalf of South Alabama Medical Science Foundation of Mobile, Alabama; 
Merck & Cie of Switzerland; and Pamlab LLC of Covington, Louisiana. 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 reduced folate 
nutraceutical products and l-methylfolate raw ingredients used therein 
by reason of infringement of certain claims of U.S. Patent No. 
5,997,915 (``the `915 patent''); U.S. Patent No. 6,673,381 (``the `381 
patent''); U.S. Patent No. 7,172,778 (``the `778 patent''); and U.S. 
Patent No. 6,011,040 (``the `040 patent''). 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 the investigation, issue an exclusion order 
and cease and desist orders.

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: The Office of the Secretary, Docket 
Services Division, U.S. International Trade Commission, telephone (202) 
205-1802.

    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 (2012).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on October 10, 2012, 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 reduced 
folate nutraceutical products and l-methylfolate raw ingredients used 
therein that infringe one or more of claims 37, 39, 40, 47, 66, 67, 73, 
76, 78-81, 83, 84, 86-89, 91, 92, 94-97, 99, 100, 110, 111, 113, 117, 
and 121 of the `915 patent; claims 22, 26, and 32-38 of the `381 
patent; claims 1, 4-6, and 15 of the `778 patent; and claims 1-3, 5, 6, 
8, 9, 11-15, and 19-22 of the `040 patent, 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:

South Alabama Medical Science Foundation, 307 University Boulevard, PO 
Box U-1060, Mobile, AL 36688;
Merck & Cie, Weisshausmatte, 6460 Altdorf, Switzerland;
Pamlab LLC, 4099 Highway 190, Covington, LA 70433.

    (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:

Gnosis SpA, Via Lavoratori Autobianchi 1, 20832 Desio (MB), Italy;
Gnosis Bioresearch SA, Via Lischedi, 4, 6592 Sant'Antonino, 
Switzerland;
Gnosis USA Inc., 160 North Main Street, Doylestown, PA 18901;
Macoven Pharmaceuticals LLC, 33219 Forest West Street, Magnolia, TX 
77354.

    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission,

[[Page 63337]]

shall designate the presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not participate as 
a party in this investigation.
    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 
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: October 10, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012-25378 Filed 10-15-12; 8:45 am]
BILLING CODE 7020-02-P