In the Matter of Certain Products and Pharmaceutical Compositions Containing Recombinant Human Erythropoietin; Notice of Commission Decision Not To Review an Initial Determination Granting Respondents' Motion for Summary Determination That There is No Violation of Section 337, 52579 [E6-14743]

Download as PDF Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Notices cease and desist order or both directed against the respondent. By order of the Commission. Issued: August 30, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6–14715 Filed 9–5–06; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–568] In the Matter of Certain Products and Pharmaceutical Compositions Containing Recombinant Human Erythropoietin; Notice of Commission Decision Not To Review an Initial Determination Granting Respondents’ Motion for Summary Determination That There is No Violation of Section 337 U.S. International Trade Commission. ACTION: Notice. rwilkins on PROD1PC63 with NOTICES AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review the initial determination (‘‘ID’’) issued by the presiding administrative law judge (‘‘ALJ’’) granting respondents’’ motion for summary determination that there is no violation of section 337 in the above-captioned investigation. The investigation is terminated. FOR FURTHER INFORMATION CONTACT: Christal A. Sheppard, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 708–2301. 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:// www.usitc.gov/secretary/edis.htm. 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 May 12, 2006, the Commission instituted an investigation under section 337 of the VerDate Aug<31>2005 18:44 Sep 05, 2006 Jkt 208001 Tariff Act of 1930, 19 U.S.C. 1337, based on a complaint filed by Amgen, Inc. (‘‘Amgen’’) of Thousand Oaks, California. 71 FR 27742 (May 12, 2006). The complaint asserted a violation of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, in the importation into the United States, sale for importation, or sale within the United States after importation of certain products and pharmaceutical compositions containing recombinant human erythropoietin by reason of infringement of claims 1 and 2 of U.S. Patent No. 5,441,868, claims 3, 4, 5, and 11 of U.S. Patent No. 5,547,933, claims 4–9 of U.S. Patent No. 5,618,698, claims 4 and 6 of U.S. Patent No. 5,621,080, claim 7 of U.S. Patent No. 5,756,349, and claim 1 of U.S. Patent No. 5,955,422. The notice of investigation named Roche Holding Ltd. of Basel, Switzerland, F. HoffmanLa Roche, Ltd. of Basel, Switzerland, Roche Diagnostics GmbH of Mannheim, Germany, and Hoffman La Roche, Inc. of Nutley, New Jersey (collectively, ‘‘Roche’’) as respondents. On May 19, 2006, Roche moved for summary determination of no violation of section 337, stating that its activities fell within the safe harbor created by 35 U.S.C. 271(e)(1) which provides that ‘‘[i]t shall not be an act of infringement to make, use, offer to sell, or sell within the United States or import into the United States a patented invention . . . solely for uses reasonably related to the development and submission of information under a Federal law which regulates the manufacture, use, or sale of drugs or veterinary biological products.’’ Amgen opposed the motion. The Commission investigative attorney (‘‘IA’’) supported the motion. On July 7, 2006, the ALJ issued an ID (Order No. 6) granting Roche’s motion. Amgen filed a petition for review of the ID. Respondents and the IA filed oppositions to the petition for review. Amgen also filed a motion for leave to reply to the oppositions to its petition for review. Having considered the petition for review, the oppositions thereto, and the relevant portions of the record, the Commission has determined not to review the ID and to deny Amgen’s motion for leave. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and section 210.42(h) of the Commission’s Rules of Practice and Procedure, 19 CFR 210.42(h). By order of the Commission. PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 52579 Issued: August 31, 2006. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6–14743 Filed 9–5–06; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Inv. No. 337–TA–583] In the Matter of Certain Wireless Communication Devices, Components Thereof, and Products Containing the Same; Notice of Investigation U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. AGENCY: SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on July 31, 2006, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Ericsson Inc. of Plano, Texas and Telefonaktiebolaget LM Ericsson of Stockholm, Sweden. The complaint alleges violations of section 337 in the importation into the United States and sale of certain wireless communication devices, components thereof, and products containing the same by reason of infringement of U.S. Patent No. 5,758,295, U.S. Patent No. 5,783,926, U.S. Patent No. 5,864,765, U.S. Patent No. 6,009,319, U.S. Patent No. 6,029,052, U.S. Patent No. 6,198,405, U.S. Patent No. 6,387,027, U.S. Patent No. 6,839,549, and U.S. Patent No. 6,975,686. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainants request 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 E:\FR\FM\06SEN1.SGM 06SEN1

Agencies

[Federal Register Volume 71, Number 172 (Wednesday, September 6, 2006)]
[Notices]
[Page 52579]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14743]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-568]


In the Matter of Certain Products and Pharmaceutical Compositions 
Containing Recombinant Human Erythropoietin; Notice of Commission 
Decision Not To Review an Initial Determination Granting Respondents' 
Motion for Summary Determination That There is No Violation of Section 
337

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined not to review the initial determination 
(``ID'') issued by the presiding administrative law judge (``ALJ'') 
granting respondents'' motion for summary determination that there is 
no violation of section 337 in the above-captioned investigation. The 
investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Christal A. Sheppard, Esq., Office of 
the General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-2301. 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://
www.usitc.gov/secretary/edis.htm. 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 May 12, 2006, the Commission instituted 
an investigation under section 337 of the Tariff Act of 1930, 19 U.S.C. 
1337, based on a complaint filed by Amgen, Inc. (``Amgen'') of Thousand 
Oaks, California. 71 FR 27742 (May 12, 2006). The complaint asserted a 
violation of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, in 
the importation into the United States, sale for importation, or sale 
within the United States after importation of certain products and 
pharmaceutical compositions containing recombinant human erythropoietin 
by reason of infringement of claims 1 and 2 of U.S. Patent No. 
5,441,868, claims 3, 4, 5, and 11 of U.S. Patent No. 5,547,933, claims 
4-9 of U.S. Patent No. 5,618,698, claims 4 and 6 of U.S. Patent No. 
5,621,080, claim 7 of U.S. Patent No. 5,756,349, and claim 1 of U.S. 
Patent No. 5,955,422. The notice of investigation named Roche Holding 
Ltd. of Basel, Switzerland, F. Hoffman-La Roche, Ltd. of Basel, 
Switzerland, Roche Diagnostics GmbH of Mannheim, Germany, and Hoffman 
La Roche, Inc. of Nutley, New Jersey (collectively, ``Roche'') as 
respondents.
    On May 19, 2006, Roche moved for summary determination of no 
violation of section 337, stating that its activities fell within the 
safe harbor created by 35 U.S.C. 271(e)(1) which provides that ``[i]t 
shall not be an act of infringement to make, use, offer to sell, or 
sell within the United States or import into the United States a 
patented invention . . . solely for uses reasonably related to the 
development and submission of information under a Federal law which 
regulates the manufacture, use, or sale of drugs or veterinary 
biological products.'' Amgen opposed the motion. The Commission 
investigative attorney (``IA'') supported the motion. On July 7, 2006, 
the ALJ issued an ID (Order No. 6) granting Roche's motion. Amgen filed 
a petition for review of the ID. Respondents and the IA filed 
oppositions to the petition for review. Amgen also filed a motion for 
leave to reply to the oppositions to its petition for review.
    Having considered the petition for review, the oppositions thereto, 
and the relevant portions of the record, the Commission has determined 
not to review the ID and to deny Amgen's motion for leave.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337, and section 210.42(h) 
of the Commission's Rules of Practice and Procedure, 19 CFR 210.42(h).

    By order of the Commission.

    Issued: August 31, 2006.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E6-14743 Filed 9-5-06; 8:45 am]
BILLING CODE 7020-02-P
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