[Federal Register Volume 86, Number 59 (Tuesday, March 30, 2021)]
[Notices]
[Pages 16640-16641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06465]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1239]


Certain Gabapentin Immunoassay Kits and Test Strips, Components 
Thereof, and Methods Therefor; Commission Determination Not To Review 
an Initial Determination Granting Complainant's 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 initial determination 
(``ID'') (Order No. 8) of the presiding administrative law judge 
(``ALJ'') granting the complainant's motion for leave to amend the 
complaint and notice of investigation.

FOR FURTHER INFORMATION CONTACT: Lynde Herzbach, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-3228. Copies of non-
confidential documents filed in connection with this investigation may 
be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. For help accessing EDIS, please email 
[email protected]. General information concerning the Commission may 
also be obtained by accessing its internet server at https://www.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: On January 25, 2021, the Commission 
instituted this investigation under section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337 (``section 337''), based on a 
complaint filed by ARK Diagnostics, Inc. of Fremont, California 
(``Complainant''). See 86 FR 6918-19. The complaint, as supplemented, 
alleges a violation of section 337 based upon the importation into the 
United States, sale for importation, or sale after importation into the 
United States of certain gabapentin immunoassay kits and test strips, 
components thereof, and methods therefor by reason of infringement of 
certain claims of U.S. Patent Nos. 8,828,665 and 10,203,345. Id. The 
complaint further alleges that a domestic industry exists. Id. The 
notice of investigation names fourteen respondents, including 
12PanelMedical, Inc. of Sarasota, Florida (``12PanelMedical'') and 
AlcoPro, Inc. of Knoxville, Tennessee (``AlcoPro''). See id.
    On February 19, 2021, Complainant filed a motion seeking leave to 
file a Second Amended Complaint and to amend the notice of 
investigation to name current respondent 12PanelMedical's affiliates: 
12Panel Now, Inc. and Hospital Connect, Inc., both of Boynton Beach, 
Florida. Complainant's motion also seeks to update the address 
information for respondents 12PanelMedical and AlcoPro. No responses to 
the motion were filed.
    On March 9, 2021, the ALJ issued the subject ID (Order No. 8) 
granting

[[Page 16641]]

Complainant's motion for leave to amend the complaint and notice of 
investigation to add the two 12PanelMedical affiliates and update the 
address information for 12PanelMedical and AlcoPro. Order No. 8 (March 
9, 2021). Specifically, the ID finds that amending the Complaint and 
Notice of Investigation to add the 12PanelMedical affiliates will aid 
in the development of the Investigation and is necessary to avoid 
prejudicing the public interest and rights of the parties to the 
Investigation. The subject ID finds that Complainant's motion is 
supported by good cause pursuant to Commission Rule 210.14(b) (19 CFR 
210.14(b)) and that there is no prejudice to any party if the motion is 
granted. No party petitioned for review of the subject ID.
    The Commission has determined not to review the subject ID. 12Panel 
Now, Inc. and Hospital Connect, Inc. are named respondents in this 
investigation and the address information for respondents 
12PanelMedical and AlcoPro has been updated.
    The Commission vote for this determination took place on March 24, 
2021.
    While temporary remote operating procedures are in place in 
response to COVID-19, the Office of the Secretary is not able to serve 
parties that have not retained counsel or otherwise provided a point of 
contact for electronic service. Accordingly, pursuant to Commission 
Rules 201.16(a) and 210.7(a)(1) (19 CFR 201.16(a), 210.7(a)(1)), the 
Commission orders that the complainant complete service for any party/
parties without a method of electronic service noted on the attached 
Certificate of Service and shall file proof of service on the 
Electronic Document Information System (EDIS).
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: March 24, 2021.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2021-06465 Filed 3-29-21; 8:45 am]
BILLING CODE 7020-02-P