[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]


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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 
Initial Determinations Terminating the Investigation as to Certain 
Respondents and Terminating the Investigation in the Entirety

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 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