In the Matter of Certain Insulin Delivery Devices, Including Cartridges Having Adaptor Tops, and Components Thereof; Notice of Investigation, 33484 [E6-9003]

Agencies

• INTERNATIONAL TRADE COMMISSION

[Federal Register Volume 71, Number 111 (Friday, June 9, 2006)]
[Notices]
[Page 33484]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9003]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-572]


In the Matter of Certain Insulin Delivery Devices, Including 
Cartridges Having Adaptor Tops, and Components Thereof; 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 May 8, 2006, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Novo Nordisk A/S, Novo Nordisk Inc., and Novo Nordisk Pharmaceuticals 
Industries, Inc. Supplemental letters were filed on May 11 and 23, 
2006. The complaint, as supplemented, 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 
insulin delivery devices, including cartridges having adaptor tops, and 
components thereof, by reason of infringement of claims 1-3, 5-7, 11, 
18, and 19 of U.S. Patent 5,693,027. The complaint further alleges that 
an industry in the United States exists or is in the process of being 
established as required by subsection (a)(2) of 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, except for any confidential information 
contained therein, is 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: Juan Cockburn, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2572.

    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 June 5, 2006, 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 insulin 
delivery devices, including cartridges having adaptor tops, or 
components thereof, by reason of infringement of claims 1-3, 5-7, 11, 
18, or 19 of U.S. Patent 5,693,027, 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) 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 complainants are--
    Novo Nordisk A/S, Novo Alle, 2880 Bagsvaerd, Denmark.
    Novo Nordisk Inc., 100 College Road West, Princeton, NJ 08540.
    Novo Nordisk Pharmaceuticals Industries, Inc., 3612 Powhatan Road, 
Clayton, NC 27527.
    (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:
    Sanofi-Aventis Deutschland GmbH, Industriepark Hoechst, D-65926, 
Frankfurt am Main, Germany.
    Sanofi-Aventis, 174/180 Avenue de France, Paris, Cedex 75013 
France.
    Aventis Pharmaceuticals, Inc., 300 Somerset Corporate Blvd., 
Bridgewater, NJ 08807.
    (c) The Commission investigative attorney, party to this 
investigation, is Juan Cockburn, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Sidney 
Harris is designated as the presiding administrative law judge.
    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(d) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission 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 a limited exclusion 
order or cease and desist order or both directed against the 
respondent.

    By order of the Commission.

    Issued: June 6, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E6-9003 Filed 6-8-06; 8:45 am]
BILLING CODE 7020-02-P