[Federal Register Volume 78, Number 27 (Friday, February 8, 2013)]
[Notices]
[Page 9427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02818]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-857]


Certain Reduced Folate Nutraceutical Products and L-Methylfolate 
Raw Ingredients Used Therein; Commission Determination Not To Review an 
Initial Determination Granting Complainants' Unopposed Motion To 
Correct the Title of Complainants' Unopposed Motion 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 initial determination 
(``ID'') (Order No. 5) of the administrative law judge (``ALJ'') 
granting complainants' unopposed motion to correct the title of 
complainants' unopposed motion 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 (collectively, ``the 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, by reason of 
infringement of 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; claims 22, 26, and 32-38 of U.S. 
Patent No. 6,673,381; 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 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, the complainants filed an unopposed motion 
for leave to amend the complaint and notice of investigation, inter 
alia, to add a new respondent. The title of the motion identified the 
new respondent as Viva Pharmaceuticals LLC, while the body of the 
motion identified the new respondent as Viva Pharmaceuticals Inc. On 
November 15, 2012, the ALJ issued an ID, granting the motion to amend 
the complaint and notice of investigation, inter alia, to add Viva 
Pharmaceuticals LLC as a new respondent. On December 13, 2012, the 
Commission issued notice of its determination not to review the ID.
    On January 8, 2013, the complainants filed an unopposed motion to 
correct the title of its motion to amend the complaint and notice of 
investigation such that the respondent is identified as Viva 
Pharmaceuticals Inc. rather than Viva Pharmaceuticals LLC. On January 
14, 2013 ALJ issued the subject ID (Order No. 5), granting the motion 
for good cause shown. 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. The 
complaint and notice of investigation are therefore corrected to 
identify the new respondent as Viva Pharmaceuticals Inc.
    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)).

     Issued: February 4, 2013.

    By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-02818 Filed 2-7-13; 8:45 am]
BILLING CODE 7020-02-P