[Federal Register Volume 78, Number 138 (Thursday, July 18, 2013)]
[Notices]
[Pages 42973-42974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17175]
=======================================================================
-----------------------------------------------------------------------
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
Initial Determinations Terminating the Investigation as to Certain
Respondents and Terminating the Investigation in the Entirety
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review initial determinations
(``IDs'') (Order Nos. 14-15) of the presiding administrative law judge
terminating the investigation as to certain respondents on the basis of
settlement agreements and withdrawal of the complaint, and terminating
the investigation in the entirety. The investigation is hereby
terminated.
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 (``SASF''); Merck & Cie of Altdorf, Switzerland (``Merck'');
and Pamlab LLC of Covington, Louisiana (``Pamlab''). 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 within the United States after
importation of certain reduced folate neutraceutical products and l-
methylfolate raw ingredients used therein 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 1, 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 (collectively, ``the Gnosis
Respondents''); and Macoven Pharmaceuticals LLC of Magnolia, Texas
(``Macoven'').
On December 13, 2012, the Commission issued notice of its
determination not to review an ID adding Viva Pharmaceuticals LLC as a
new respondent. On February 4, 2013, the Commission issued notice of
its determination not to review an ID to identify the new respondent as
Viva Pharmaceuticals Inc. (``Viva'') rather than Viva Pharmaceuticals
LLC.
On May 10, 2013, complainants SASF, Merck, and Pamlab filed an
unopposed corrected motion for leave to add Nestle Health Science-
Pamlab Inc. (``NHS-Pamlab'') as a complainant and change Pamlab's name
to Camline LLC (``Camline''). On June 11, 2013, the administrative law
judge issued an ID (Order No. 12) granting the motion.
On June 4, 2013, complainants SASF, Merck, NHS-Pamlab, and Camline
and respondents Macoven and Viva filed an unopposed joint motion to
terminate the investigation based on two settlement agreements (i.e.,
one settlement agreement for each of these respondents). On June 11,
2013, the administrative law judge issued an ID (Order No. 14) granting
the motion and found no indication that the settlement would have an
adverse impact on the public interest.
Also on June 4, 2013, complainants SASF, Merck, NHS-Pamlab and
Camline filed a motion to withdraw its amended complaint against the
Gnosis Respondents. On June 11, 2013, the administrative law judge
issued an ID (Order No. 15) granting the motion, finding good cause
shown.
There were no petitions for review. Having considered the IDs
(Order Nos. 14-15) and the relevant portions of the record, the
Commission has determined not to review the subject IDs. The
investigation is hereby terminated.
[[Page 42974]]
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 Part 210 of the
Commission's Rules of Practice and Procedure (19 CFR Part 210).
Issued: July 12, 2013.
By order of the Commission.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2013-17175 Filed 7-17-13; 8:45 am]
BILLING CODE 7020-02-P