In the Matter of Certain Modified Vaccinia Ankara (“MVA”) Viruses and Vaccines and Pharmaceutical Compositions Based Thereon; Notice of Investigation, 55918-55919 [05-19037]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 70, Number 184 (Friday, September 23, 2005)]
[Notices]
[Pages 55918-55919]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19037]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-550]


In the Matter of Certain Modified Vaccinia Ankara (``MVA'') 
Viruses and Vaccines and Pharmaceutical Compositions Based Thereon; 
Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on

[[Page 55919]]

August 19, 2005 under section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337, on behalf of Bavarian Nordic A/S. A letter 
supplementing and amending the complaint was filed on September 9, 
2005. The complaint, as supplemented and amended, alleges violations of 
section 337 in the importation into the United States, the sale for 
importation, and the sale within the United States after importation of 
certain Modified Vaccinia Ankara viruses and vaccines and 
pharmaceutical compositions based thereon by reason of infringement of 
claims 1, 4, 5, and 34 of U.S. Patent No. 6,761,893 and claims 1, 2-9, 
and 13-16 of U.S. Patent No. 6,913,752, and misappropriation of trade 
secrets. The complaint further alleges that there exists an industry in 
the United States as required by section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a permanent exclusion 
order and a permanent cease and desist order.

ADDRESSES: The complaint and supplemental letter, except for any 
confidential information contained therein, are 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., Room 112, Washington, DC 20436, telephone 202-205-2000. 
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. The public record for this investigation may be 
viewed on the Commission's electronic docket (EDIS) at https://
edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Erin D.E. Joffre, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2550 or Thomas S. Fusco, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2571.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2005).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on September 19, 2005, 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 Modified Vaccinia Ankara (``MVA'') viruses and vaccines and 
pharmaceutical compositions based thereon by reason of infringement of 
claims 1, 4, 5, or 34 of U.S. Patent No. 6,761,893 or claims 1, 2-9, 
13-15 or 16 of U.S. Patent No. 6,913,752, 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; and
    (b) Whether there is a violation of subsection (a)(1)(A) of section 
337 in the importation of certain MVA viruses and vaccines and 
pharmaceutical compositions based thereon or in the sale of such 
articles by reason of misappropriation of trade secrets, the threat or 
effect of which is to destroy or substantially injure an industry in 
the United States, and whether an industry in the United States.
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact on this 
issue.
    (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--Bavarian Nordic A/S, Bogeskovvej 9, DK-3490 
Kvistgard, Denmarky.
    (b) The respondent is the following company alleged to be in 
violation of Section 337 and upon which the complaint is to be served--
Acambis, Plc, Peterhouse Technology Park, 100 Fulbourne Road, 
Cambridge, CB1 9PT, United Kingdom.
    (c) Erin D.E. Joffre and Thomas S. Fusco, Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401, Washington, DC 20436, who shall be the Commission 
investigative attorneys, party to this investigation;
    (4) For the investigation so instituted, the Honorable Robert L. 
Barton, Jr. is designated as the presiding administrative law judge.
    A response 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(d) and 210.13(a), such response will be 
considered by the Commission if received no later than 20 days after 
the date of service by the Commission of the complaint and notice of 
investigation. Extensions of time for submitting a response to the 
complaint 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 both an initial determination and a final determination 
containing such findings, and may result in the issuance of a limited 
exclusion order or a cease and desist order or both directed against 
the respondent.

    By order of the Commission.

    Issued: September 19, 2005
Marilyn Abbott,
Secretary to the Commission.
[FR Doc. 05-19037 Filed 9-22-05; 8:45 am]
BILLING CODE 7020-02-P