[Federal Register Volume 86, Number 14 (Monday, January 25, 2021)]
[Notices]
[Pages 6916-6917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01439]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1238]


Certain Plant-Derived Recombinant Human Serum Albumins (``rHSA'') 
and Products Containing Same; Notice of Institution of Investigation

AGENCY: 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 December 16, 2020, under section 
337 of the Tariff Act of 1930, as amended, on behalf of Ventria 
Bioscience Inc. of Junction City, Kansas. Supplements to the complaint 
were filed on December 16, and 22, 2020. The complaint, as 
supplemented, 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 plant-
derived recombinant human serum albumins (``rHSA'') and products 
containing same by reason of infringement of certain claims of U.S. 
Patent No. 10,618,951 (``the '951 patent''); and U.S. Patent No. 
8,609,416 (``the '416 patent''). The complaint further alleges that an 
industry in the United States exists as required by the applicable 
Federal Statute. The complaint also alleges violations of section 337 
based on the importation into the United States, or in the sale of, 
certain plant-derived recombinant human serum albumins (``rHSA'') and 
products containing same by reason of false designation of origin, the 
threat or effect of which is to destroy or substantially injure an 
industry in the United States.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a limited exclusion 
order and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, may be viewed on the Commission's electronic docket 
(EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. 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 https://www.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone (202) 205-2560.

SUPPLEMENTARY INFORMATION: 
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, and in section 210.10 of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10 (2020).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on January 14, 2021, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine:
    (a) 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 products identified in paragraph (2) by reason of infringement 
of one or more of claims 1-3 and 11-13 of the '951 patent and claims 1-
3, 5-7, 10, 12, 18-20, and 22-25 of the '416 patent; and whether an 
industry in the United States exists as required by subsection (a)(2) 
of section 337; and
    (b) Whether there is a violation of subsection (a)(1)(A) of section 
337 in the importation into the United States, or in the sale of, 
certain products identified in paragraph (2) by reason of false 
designation of origin.
    (2) Pursuant to section 210.10(b)(1) of the Commission's Rules of 
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language 
description of the accused products or category of accused products, 
which defines the scope of the investigation, is: Plant-derived 
recombinant human serum albumins (``rHSA'') and products containing the 
same, such as lyophilized powders and liquid suspensions primarily 
containing rHSA along with naturally-occurring plant expression by-
products, such as plant heat shock proteins and/or plant fatty acids, 
as well as cell culture media supplements formulated with such rHSA 
products.
    (3) 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 complainant is: Ventria Bioscience Inc., 2718 Industrial 
Drive, Junction City, Kansas 66441.

[[Page 6917]]

    (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:

Wuhan Healthgen Biotechnology Corp., No. 666 Gaoxin Avenue, East Lake 
High-Tech Development Zone, Wuhan, China, 430075
ScienCell Research Laboratories, Inc., 1610 Faraday Avenue, Carlsbad, 
California 92008
Aspira Scientific, Inc., 521 Cottonwood Drive, Suite 112, Milpitas, 
California 95035
eEnzyme LLC, 963 Featherstone Street, Gaithersburg, Maryland 20879

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondent 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(e) and 210.13(a), as amended in 85 FR 15798 
(March 19, 2020), such responses will be considered by the Commission 
if received not later than 20 days after the date of service by the 
complainant 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 the 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: January 15, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-01439 Filed 1-22-21; 8:45 am]
BILLING CODE 7020-02-P