In the Matter of Certain Tadalafil or Any Salt or Solvate Thereof and Products Containing Same; Notice of Commission Issuance of General Exclusion Order; Decision To Grant Motion To File a Surreply; Termination of the Investigation, 34966-34967 [E6-9467]

Download as PDF 34966 Federal Register / Vol. 71, No. 116 / Friday, June 16, 2006 / Notices submitted to OMB within 30 days in order to assure maximum consideration. Department of the Interior practice is to make comments, including names and home addresses of respondents, available for public review. Individual respondents may request that we withhold their home address from public disclosure, which we will honor to the extent allowable by law. There also may be circumstances in which we would withhold a respondent’s identity from public disclosure, as allowable by law. If you wish us to withhold your name and/or address, you must state this prominently at the beginning of your comment. We will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public disclosure in their entirety. Gerald W. Kelso, Area Manager, Upper Columbia Area Office, Pacific Northwest Region. [FR Doc. E6–9452 Filed 6–15–06; 8:45 am] BILLING CODE 4310–MN–P DEPARTMENT OF THE INTERIOR Bureau of Reclamation Registration Although you may register the day of the conference between 10 a.m. and 12 p.m., we highly encourage you to register online at https://www.usbr.gov/ excellence, or by phone at 303–445– 2808. Dated: June 7, 2006. Trudy Harlow, Acting Deputy Commissioner for External and Intergovernmental Affairs, Washington Office. [FR Doc. 06–5461 Filed 6–15–06; 8:45 am] BILLING CODE 4310–MN–M Public Meeting for Reclamation’s Managing for Excellence Project AGENCY: resources in an environmentally and economically sound manner in the interest of the American public. This project will examine Reclamation’s core capabilities and the agency’s ability to respond to both expected and unforeseeable future needs in an innovative and timely manner. This project will result in essential changes in a number of key areas, which are outlined in, Managing for Excellence— An Action Plan for the 21st Century Bureau of Reclamation. For more information regarding the Project, Action Plan, and specific actions being taken, please visit the Managing for Excellence Web page at https:// www.usbr.gov/excellence. INTERNATIONAL TRADE COMMISSION Bureau of Reclamation, Interior. Notice of Announcement of a public meeting. [Inv. No. 337–TA–539] wwhite on PROD1PC61 with NOTICES ACTION: SUMMARY: The Bureau of Reclamation is holding a meeting to inform the public about the Managing for Excellence project. This meeting is the first of three meetings to inform the public about the action items, progress, and results of the Managing for Excellence project and to seek broad feedback. Subsequent meetings will likely be held in September and November 2006 in other metropolitan areas of the Western United States. DATES: July 10, 1 p.m.–5 p.m. and July 11, 2006, 8 a.m.–12 p.m. ADDRESSES: Luxor Las Vegas, 3900 Las Vegas Boulevard South, Las Vegas, NV 89119. General Session Room: Egyptian ABC. FOR FURTHER INFORMATION CONTACT: Kerry Whitford (303) 445–2949. SUPPLEMENTARY INFORMATION: The Managing for Excellence Project will identify and address the specific 21st Century challenges Reclamation must meet to fulfill its mission to manage, develop, and protect water and related VerDate Aug<31>2005 18:25 Jun 15, 2006 Jkt 208001 In the Matter of Certain Tadalafil or Any Salt or Solvate Thereof and Products Containing Same; Notice of Commission Issuance of General Exclusion Order; Decision To Grant Motion To File a Surreply; Termination of the Investigation International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and has issued a general exclusion order under section 337(g)(2), 19 U.S.C. 1337(g)(2), and terminated the investigation. The Commission has decided to grant complainant’s motion to file a surreply. FOR FURTHER INFORMATION CONTACT: Jean Jackson, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3104. Copies of non-confidential documents filed in connection with this PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 investigation are or will be 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., Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its Internet server (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. 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: This investigation was instituted by the Commission based on a complaint filed by Lilly ICOS LLC (‘‘Lilly’’) of Wilmington, Delaware, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337. 70 FR 25601 (May 13, 2005). The complainant alleged 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 tadalafil or any salt or solvate thereof, and products containing same by reason of infringement of claims 1– 4, 6–8, 12, and 13 of U.S. Patent No. 5,859,006 (‘‘the ‘006 patent’’). The complaint and notice of investigation named ten respondents. On September 12, 2005, the Commission issued a notice indicating that it had determined not to review an initial determination (‘‘ID’’) (Order No. 5) finding respondents Santovittorio Holdings Ltd. d/b/a Inhousepharmacy.co.uk of El Dorado, Panama; Stop4Rx of Port-au-Prince, Haiti, Rx Mex-Com, S.A. de C.V. of Colonia Las Brisas, Mexico; and https:// www.Nudewfds.info of New Orleans, Louisiana; in default. The ID further found that respondent Express Generic had not been properly served with the complaint. On November 17, 2005, the Commission issued a notice that it had determined not to review an ID (Order No. 9) finding an additional five of the originally named respondents in default. The additional five respondents are Budget Medicines Pty Ltd., of Sydney, Australia; Generic Cialis Pharmacy of Managua, Nicaragua; Cutprice Pills of Scottsdale, Arizona; Allpills.us of Beverly Hills, California; and Pharmacy4u.us of New York, New York. On October 28, 2005, Lilly filed a motion for summary determination on the issues of the existence of a domestic E:\FR\FM\16JNN1.SGM 16JNN1 wwhite on PROD1PC61 with NOTICES Federal Register / Vol. 71, No. 116 / Friday, June 16, 2006 / Notices industry and violation of section 337 by reason of patent infringement with respect to the nine respondents that were found in default. On November 14, 2005, the Commission investigative attorney (‘‘IA’’) filed a response in support of Lilly’s motion. On December 6, 2005, the presiding administrative law judge (‘‘ALJ’’) issued an ID (Order No. 10) granting Lilly’s motion for a summary determination of violation of section 337. At the same time the ALJ made his recommendations on remedy and the amount of bond to be imposed during the Presidential period of review provided for in section 337(j), 19 U.S.C. 1337(j). No party petitioned for review of the ID. On January 4, 2006, the Commission determined not to review the ID, thereby allowing it to become the Commission’s final determination on violation. 71 FR 1452 (Jan. 9, 2006). With respect to remedy, the ALJ recommended the issuance of a general exclusion order under section 337(g)(2), 19 U.S.C. 1337(g)(2). The ALJ also recommended that the bond permitting importation during the Presidential review period be set at 100 percent of the value of the infringing imported products. Pursuant to the Commission’s notice, Lilly and the IA submitted main briefs on the issues of remedy, the public interest, and bonding on January 17, 2006, with draft general exclusion orders attached. The IA filed a reply submission on January 24, 2006. Lilly filed a motion to file a surreply with surreply attached on February 9, 2006. The Commission has determined to grant Lilly’s motion to file a surreply. Having reviewed the record in this investigation, including the recommended determination of the ALJ and the written submissions of the parties, the Commission has determined that the public interest factors listed in section 337(d)(2) do not preclude issuance of a general exclusion order that prohibits the unlicensed entry for consumption of tadalafil salt or solvate thereof and products containing same that infringe one or more of claims 1– 4, 6–8, 12, and 13 of the ‘006 patent during the term of that patent. The Commission has further determined that the appropriate bond during the period of Presidential review pursuant to section 337(j) should be set at 100 percent of the value of the infringing products. The Commission’s general exclusion order was delivered on the date of its issuance to the President and to the United States Trade Representative, pursuant to the Presidential Memorandum of July 21, 2005. 70 FR 43251 (July 26, 2005). VerDate Aug<31>2005 18:25 Jun 15, 2006 Jkt 208001 This action is taken under authority of section 337 of the Tariff Act of 1930, 19 U.S.C. § 1337, and sections 210.41, 210.49, and 210.50 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.41, 210.49, and 210.50. Issued: June 13, 2006. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6–9467 Filed 6–15–06; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA–574] In the Matter of Certain Equipment for Telecommunications or Data Communications Networks, Including Routers, Switches, and Hubs, and Components Thereof; Notice of Investigation 34967 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: Steven R. Pedersen, Office of Unfair Import Investigations, U.S. International Trade Commission, telephone 202–205– 2781. U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. 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). SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 15, 2006, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Telcordia Technologies, Inc. of Piscataway, New Jersey. An amended complaint was filed on June 5, 2006. The complaint as 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 equipment for telecommunications or data communications networks, including routers, switches, and hubs, and components thereof, by reason of infringement of claims 1, 3, and 4 of U.S. Patent No. 4,893,306, claims 1, 3, 5, 8, 11, and 33 of U.S. Patent No. Re. 36,633, and claims 1, 2, 7, and 8 of U.S. Patent No. 4,835,763. The amended complaint further alleges that an industry in the United States exists 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 limited exclusion order and permanent cease and desist orders. ADDRESSES: The amended 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. Scope of Investigation: Having considered the amended complaint, the U.S. International Trade Commission, on June 9, 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 equipment for telecommunications or data communications networks, including routers, switches, and hubs, or components thereof, by reason of infringement of one or more of claims 1, 3, and 4 of U.S. Patent No. 4,893,306, claims 1, 3, 5, 8, 11, and 33 of U.S. Patent No. Re. 36,633, and claims 1, 2, 7, and 8 of U.S. Patent No. 4,835,763, and whether an industry in the United States exists 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 complainant is—Telcordia Technologies, Inc., One Telcordia Drive, Piscataway, New Jersey 08854. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the amended complaint is to be served: AGENCY: PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\16JNN1.SGM 16JNN1

Agencies

[Federal Register Volume 71, Number 116 (Friday, June 16, 2006)]
[Notices]
[Pages 34966-34967]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9467]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-539]


In the Matter of Certain Tadalafil or Any Salt or Solvate Thereof 
and Products Containing Same; Notice of Commission Issuance of General 
Exclusion Order; Decision To Grant Motion To File a Surreply; 
Termination of the Investigation

AGENCY: International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has found a violation of section 337 of the Tariff Act of 
1930, as amended, 19 U.S.C. 1337, and has issued a general exclusion 
order under section 337(g)(2), 19 U.S.C. 1337(g)(2), and terminated the 
investigation. The Commission has decided to grant complainant's motion 
to file a surreply.

FOR FURTHER INFORMATION CONTACT: Jean Jackson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3104. Copies of non-
confidential documents filed in connection with this investigation are 
or will be 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., Washington, DC 
20436, telephone (202) 205-2000. General information concerning the 
Commission may also be obtained by accessing its Internet server 
(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. 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: This investigation was instituted by the 
Commission based on a complaint filed by Lilly ICOS LLC (``Lilly'') of 
Wilmington, Delaware, under section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337. 70 FR 25601 (May 13, 2005). The complainant 
alleged 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 tadalafil or any salt or solvate thereof, 
and products containing same by reason of infringement of claims 1-4, 
6-8, 12, and 13 of U.S. Patent No. 5,859,006 (``the `006 patent''). The 
complaint and notice of investigation named ten respondents.
    On September 12, 2005, the Commission issued a notice indicating 
that it had determined not to review an initial determination (``ID'') 
(Order No. 5) finding respondents Santovittorio Holdings Ltd. d/b/a 
Inhousepharmacy.co.uk of El Dorado, Panama; Stop4Rx of Port-au-Prince, 
Haiti, Rx Mex-Com, S.A. de C.V. of Colonia Las Brisas, Mexico; and 
https://www.Nudewfds.info of New Orleans, Louisiana; in default. The ID 
further found that respondent Express Generic had not been properly 
served with the complaint.
    On November 17, 2005, the Commission issued a notice that it had 
determined not to review an ID (Order No. 9) finding an additional five 
of the originally named respondents in default. The additional five 
respondents are Budget Medicines Pty Ltd., of Sydney, Australia; 
Generic Cialis Pharmacy of Managua, Nicaragua; Cutprice Pills of 
Scottsdale, Arizona; Allpills.us of Beverly Hills, California; and 
Pharmacy4u.us of New York, New York.
    On October 28, 2005, Lilly filed a motion for summary determination 
on the issues of the existence of a domestic

[[Page 34967]]

industry and violation of section 337 by reason of patent infringement 
with respect to the nine respondents that were found in default. On 
November 14, 2005, the Commission investigative attorney (``IA'') filed 
a response in support of Lilly's motion.
    On December 6, 2005, the presiding administrative law judge 
(``ALJ'') issued an ID (Order No. 10) granting Lilly's motion for a 
summary determination of violation of section 337. At the same time the 
ALJ made his recommendations on remedy and the amount of bond to be 
imposed during the Presidential period of review provided for in 
section 337(j), 19 U.S.C. 1337(j). No party petitioned for review of 
the ID. On January 4, 2006, the Commission determined not to review the 
ID, thereby allowing it to become the Commission's final determination 
on violation. 71 FR 1452 (Jan. 9, 2006). With respect to remedy, the 
ALJ recommended the issuance of a general exclusion order under section 
337(g)(2), 19 U.S.C. 1337(g)(2). The ALJ also recommended that the bond 
permitting importation during the Presidential review period be set at 
100 percent of the value of the infringing imported products.
    Pursuant to the Commission's notice, Lilly and the IA submitted 
main briefs on the issues of remedy, the public interest, and bonding 
on January 17, 2006, with draft general exclusion orders attached. The 
IA filed a reply submission on January 24, 2006. Lilly filed a motion 
to file a surreply with surreply attached on February 9, 2006. The 
Commission has determined to grant Lilly's motion to file a surreply.
    Having reviewed the record in this investigation, including the 
recommended determination of the ALJ and the written submissions of the 
parties, the Commission has determined that the public interest factors 
listed in section 337(d)(2) do not preclude issuance of a general 
exclusion order that prohibits the unlicensed entry for consumption of 
tadalafil salt or solvate thereof and products containing same that 
infringe one or more of claims 1-4, 6-8, 12, and 13 of the `006 patent 
during the term of that patent. The Commission has further determined 
that the appropriate bond during the period of Presidential review 
pursuant to section 337(j) should be set at 100 percent of the value of 
the infringing products. The Commission's general exclusion order was 
delivered on the date of its issuance to the President and to the 
United States Trade Representative, pursuant to the Presidential 
Memorandum of July 21, 2005. 70 FR 43251 (July 26, 2005).
    This action is taken under authority of section 337 of the Tariff 
Act of 1930, 19 U.S.C. Sec.  1337, and sections 210.41, 210.49, and 
210.50 of the Commission's Rules of Practice and Procedure, 19 CFR 
210.41, 210.49, and 210.50.

    Issued: June 13, 2006.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E6-9467 Filed 6-15-06; 8:45 am]
BILLING CODE 7020-02-P
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