[Federal Register Volume 78, Number 1 (Wednesday, January 2, 2013)]
[Notices]
[Page 117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31474]



[[Page 117]]

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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-857]


Certain Reduced Folate Nutraceutical Products and L- Methylfolate 
Raw Ingredients Used Therein: Notice of Commission Determination Not To 
Review an Initial Determination Granting Complainants' Unopposed Motion 
for Leave To Amend the Complaint and Notice of Investigation

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 ID (Order No. 4) of the 
administrative law judge (``ALJ'') granting Complainants' unopposed 
motion for leave to amend the complaint and notice of investigation in 
the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3065. Copies of non-
confidential 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 October 16, 2012, based on a complaint filed on September 10, 2012, 
on behalf of South Alabama Medical Science Foundation of Mobile, 
Alabama; Merck & Cie of Altdorf, Switzerland; and Pamlab LLC of 
Covington, Louisiana LLC (collectively, ``Complainants''). 77 FR 63336 
(October 16, 2012). The complaint alleged violations of Section 337 of 
the Tariff Act of 1930, as amended, 19 U.S.C. 1337, in the sale for 
importation, importation, or sale after importation into the United 
States of certain 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 U.S. Patent No. 5,997,915 (``the `915 
patent''); claims 22, 26, and 32-38 of U.S. Patent No. 6,673,381 (``the 
`381 patent''); claims l, 4-6, and 15 of U.S. Patent No. 7,172,778; and 
claims 1-3, 5, 6, 8, 9, 11-15, and 19-22 of U.S. Patent No. 6,011,040 
(``the `040 patent''). The Commission's notice of investigation named 
as respondents Gnosis SpA of Desio, Italy; Gnosis Bioresearch SA of 
Sant'Antonino, Switzerland; Gnosis USA Inc. of Doylestown, 
Pennsylvania; and Macoven Pharmaceuticals LLC of Magnolia, Texas.
    On November 14, 2012, Complainants filed an unopposed motion for 
leave to amend the Complaint and Notice of Investigation to add Viva 
Pharmaceuticals LLC as a respondent in this investigation and to assert 
additional claims of inducement of infringement with regard the `915 
patent, the `381 patent, and the `040 patent against respondents Gnosis 
SpA, Gnosis Bioresearch SA, and Gnosis USA, Inc. The Complainants 
argued good cause exists because the alleged activity was not 
previously known to them, and that there would be no prejudice to the 
parties or to the public interest.
    On November 15, 2012, the ALJ issued the ID, granting the motion. 
No petitions for review were filed.
    Having considered the ID and the relevant portions of the record, 
the Commission has determined not to review the subject 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 of section 
210.42(h) of the Commission's Rules of Practice and Procedure (19 CFR 
210.42(h)).

    By order of the Commission.

     Issued: December 13, 2012.
William R. Bishop,
Supervisory Hearings and Information Officer.
[FR Doc. 2012-31474 Filed 12-31-12; 8:45 am]
BILLING CODE 7020-02-P