[Federal Register Volume 89, Number 148 (Thursday, August 1, 2024)]
[Notices]
[Page 62790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16934]



[[Page 62790]]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1411]


Certain Photodynamic Therapy Systems, Components Thereof, and 
Pharmaceutical Products Used in Combination With the 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 June 26, 2024, under section 337 
of the Tariff Act of 1930, as amended, on behalf of Sun Pharmaceutical 
Industries, Inc. of Princeton, New Jersey. A letter supplementing the 
complaint was filed on July 9, 2024. 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 photodynamic therapy systems, 
components thereof, and pharmaceutical products used in combination 
with the same by reason of the infringement of certain claims of U.S. 
Patent No. 11,697,028 (``the '028 Patent'') and U.S. Patent No. 
11,446,512 (``the '512 Patent''). The complaint further alleges that an 
industry in the United States exists or is in the process of being 
established as required by the applicable Federal Statute. 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: Susan Orndoff, The Office of Docket 
Services, U.S. International Trade Commission, telephone (202) 205-
1802.

SUPPLEMENTARY INFORMATION: 
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on July 26, 2024, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine 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, 2, 4-6, 16, 17, and 19-21 of the '028 patent and claims 1-3, 
5, 8, and 20 of the '512 patent, and whether an industry in the United 
States exists or is in the process of being established as required by 
subsection (a)(2) of section 337;
    (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 ``illuminators for 
photodynamic therapy with light sources on at least five panels, 
assembled or disassembled, replacement parts, and 5-aminolevulinic acid 
used in combination with the illuminators for photodynamic therapy'';
    (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: Sun Pharmaceutical Industries, Inc., 2 
Independence Way, Princeton, NJ 08540.
    (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:

Biofrontera Inc., 120 Presidential Way, Suite 300, Woburn, MA 01801
Biofrontera Pharma GmbH, Hemmelrather Weg 201, 51377, Leverkusen, 
Germany
Biofrontera Bioscience GmbH, Hemmelrather Weg 201, 51377, Leverkusen, 
Germany, Biofrontera AG, Hemmelrather Weg 201, 51377, Leverkusen, 
Germany

    (4) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    The Office of Unfair Import Investigations will not be a party to 
this investigation.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents 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 a 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.
    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 Commiss ion's Rules of 
Practice and Procedure, 19 CFR 210.10 (2024).

    By order of the Commission.

    Issued: July 26, 2024.
Sharon Bellamy,
Supervisory Hearings and Information Officer.
[FR Doc. 2024-16934 Filed 7-31-24; 8:45 am]
BILLING CODE 7020-02-P