In the Matter of Certain Modified Vaccinia Ankara (“MVA”) Viruses and Vaccines and Pharmaceutical Compositions Based Thereon; Notice of Commission Decision to Remand the Final Initial Determination Finding No Violation of Section 337 and To Extend the Target Date for Completion of the Investigation, 8791-8792 [E7-3390]

Download as PDF Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Notices cprice-sewell on PROD1PC62 with NOTICES (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 lighting products, components thereof, and products containing the same by reason of infringement of one or more of claims 23, 26, and 27 of U.S. Patent No. 6,082,878, and claims 1 and 7 of U.S. Patent No. 5,662,413, 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—Cooper Lighting, Inc., 1121 Highway 74 South, Peachtree City, GA 30269. (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: Cordelia Lighting, Inc., 20101 South Santa Fe Avenue, Rancho Dominguez, CA 90221. Jimway, Inc., 20101 South Santa Fe Avenue, Rancho Dominguez, CA 90221. (c) The Commission investigative attorney, party to this investigation, is Bryan F. Moore, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401–I, Washington, DC 20436; and (3) For the investigation so instituted, the Honorable Charles E. Bullock 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 VerDate Aug<31>2005 15:22 Feb 26, 2007 Jkt 211001 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. Issued: February 21, 2007. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–3364 Filed 2–26–07; 8:45 am] BILLING CODE 7020–02–P 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 Commission Decision to Remand the Final Initial Determination Finding No Violation of Section 337 and To Extend the Target Date for Completion of the Investigation U.S. International Trade Commission. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined to remand the final initial determination (‘‘final ID’’) of the presiding administrative law judge (‘‘ALJ’’) finding no violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (‘‘section 337’’), in the above-captioned investigation and to extend the target date for completion of the investigation to October 19, 2007. FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone (202) 205–3065. 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 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 8791 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 on September 23, 2005, based on a complaint filed by Bavarian Nordic A/S of Denmark (‘‘Bavarian Nordic’’). The complaint 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 Modified Vaccinia Ankara (‘‘MVA’’) viruses and vaccines and pharmaceutical compositions based thereon by reason of infringement of various claims of United States Patent Nos. 6,761,893 and 6,913,752. The complaint also alleged violations 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. The complaint named a single respondent, Acambis PLC (‘‘Acambis’’) of the United Kingdom. Only the patent allegations remain in this investigation. After a hearing and post-hearing briefing, the ALJ issued a final initial determination (‘‘final ID’’) on September 6, 2006, finding no violation of section 337. The ALJ held that the patents were infringed but invalid. Bavarian Nordic, Acambis, and the Commission investigative attorney filed petitions for review of the final ID. By notice of November 22, 2006, the Commission determined to review the final ID in its entirety, as well as Order No. 10, and to ask the parties for briefing on the issues on review and on remedy, public interest and bonding. The parties submitted their initial and reply briefs on December 12 and December 22, 2006, respectively. By notice of January 19, 2007, the Commission requested briefing on whether this investigation has become or will shortly become moot, and if so, whether the investigation should be terminated. The parties submitted briefing on January 26, 2007. The Commission has determined to remand the final ID to the ALJ and to extend the target date for completion of the investigation by eight months to October 19, 2007. This action is taken under the authority of section 337 of the Tariff Act E:\FR\FM\27FEN1.SGM 27FEN1 8792 Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Notices Drug Enforcement Administration Manufacturer of Controlled Substances; Notice of Registration By Notice dated October 6, 2006, and published in the Federal Register on October 18, 2006, (71 FR 61510), Boehringer Ingelheim Chemicals Inc., 2820 N. Normandy Drive, Petersburg, Virginia 23805, made application by renewal to the Drug Enforcement Administration (DEA) to be registered as a bulk manufacturer of the basic classes of controlled substances listed in schedules I and II: Drug Schedule cprice-sewell on PROD1PC62 with NOTICES Tetrahydrocannabinols (7370) .... Amphetamine (1100) .................. Methylphenidate (1724) .............. Methadone (9250) ...................... Methadone Intermediate (9254) Dextropropoxyphene, bulk (nondosage forms) (9273). Fentanyl(9801) ............................ I II II II II II II The company plans to manufacture the listed controlled substances in bulk for sale to its customers for formulation into finished pharmaceuticals. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Boehringer Ingelheim Chemicals Inc. to manufacture the listed basic classes of controlled substances is consistent with the public interest at this time. DEA has investigated Boehringer Ingelheim Chemicals Inc. to ensure that the company’s registration is consistent with the public interest. The investigation has included inspection and testing of the company’s physical security systems, verification of the company’s compliance with state and local laws, and a review of the company’s background and history. Therefore, pursuant to 21 U.S.C. 823, and in accordance with 21 CFR 1301.33, the above named company is granted registration as a bulk manufacturer of the basic classes of controlled substances listed. VerDate Aug<31>2005 15:22 Feb 26, 2007 Jkt 211001 DEPARTMENT OF JUSTICE Drug Enforcement Administration Importer of Controlled Substances; Notice of Registration DEPARTMENT OF JUSTICE BILLING CODE 4410–09–P Drug Enforcement Administration BILLING CODE 7020–02–P Dated: February 16, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E7–3299 Filed 2–26–07; 8:45 am] DEPARTMENT OF JUSTICE By order of the Commission. Issued: February 21, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7–3390 Filed 2–26–07; 8:45 am] Dated: February 16, 2007. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control Drug Enforcement, Administration. [FR Doc. E7–3296 Filed 2–26–07; 8:45 am] BILLING CODE 4410–09–P of 1930, as amended (19 U.S.C. 1337), and in sections 210.45(c), 210.51(a) of the Commission’s Rules of Practice and Procedure (19 CFR 210.45(c), 210.51(a)). Importer of Controlled Substances; Notice of Registration By Notice dated November 21, 2006 and published in the Federal Register on December 1, 2006, (71 FR 69591– 69592), Johnson Matthey, Inc., Pharmaceutical Materials, 2003 Nolte Drive, West Deptford, New Jersey 08066–1742, made application by renewal to the Drug Enforcement Administration (DEA) to be registered as an importer of the basic classes of controlled substances listed in schedule II: By Notice dated November 8, 2006 and published in the Federal Register on November 17, 2006, (71 FR 66974), Kenco VPI, Division of Kenco Group Inc., 350 Corporate Place, Chattanooga, Tennessee 37419, made application by renewal to the Drug Enforcement Administration (DEA) to be registered as an importer of Nabilone (7379), a basic class of controlled substance listed in schedule II. The company plans to import the listed controlled substance for Drug Schedule distribution to its customers. Phenylacetone (8501) .................. II No comments or objections have been Raw Opium (9600) ....................... II received. DEA has considered the Concentrate of Poppy Straw factors in 21 U.S.C. 823(a) and 952(a) (9670) ........................................ II and determined that the registration of Kenco VPI to import the basic class of The company plans to import the controlled substance is consistent with listed controlled substances as raw the public interest and with United materials for use in the manufacture of States obligations under international bulk controlled substances for treaties, conventions, or protocols in distribution to its customers. effect on May 1, 1971, at this time. DEA No comments or objections have been has investigated Kenco VPI to ensure that the company’s registration is received. DEA has considered the consistent with the public interest. The factors in 21 U.S.C. 823(a) and 952(a) investigation has included inspection and determined that the registration of Johnson Matthey Inc to import the basic and testing of the company’s physical classes of controlled substances is security systems, verification of the consistent with the public interest and company’s compliance with state and with United States obligations under local laws, and a review of the international treaties, conventions, or company’s background and history. protocols in effect on May 1, 1971, at Therefore, pursuant to 21 U.S.C. 952(a) this time. DEA has investigated Johnson and 958(a), and in accordance with 21 Matthey Inc to ensure that the CFR 1301.34, the above named company company’s registration is consistent is granted registration as an importer of with the public interest. The the basic class of controlled substance investigation has included inspection listed. and testing of the company’s physical Dated: February 16, 2007. security systems, verification of the Joseph T. Rannazzisi, company’s compliance with state and Deputy Assistant Administrator, Office of local laws, and a review of the Diversion Control, Drug Enforcement company’s background and history. Administration. Therefore, pursuant to 21 U.S.C. 952(a) and § 958(a), and in accordance with 21 [FR Doc. E7–3298 Filed 2–26–07; 8:45 am] CFR 1301.34, the above named company BILLING CODE 4410–09–P is granted registration as an importer of the basic classes of controlled substances listed. PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 E:\FR\FM\27FEN1.SGM 27FEN1

Agencies

[Federal Register Volume 72, Number 38 (Tuesday, February 27, 2007)]
[Notices]
[Pages 8791-8792]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3390]


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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 Commission Decision to Remand the Final Initial Determination 
Finding No Violation of Section 337 and To Extend the Target Date for 
Completion of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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

SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to remand the final initial determination 
(``final ID'') of the presiding administrative law judge (``ALJ'') 
finding no violation of section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337 (``section 337''), in the above-captioned 
investigation and to extend the target date for completion of the 
investigation to October 19, 2007.

FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-3065. 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 on 
September 23, 2005, based on a complaint filed by Bavarian Nordic A/S 
of Denmark (``Bavarian Nordic''). The complaint 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 Modified Vaccinia Ankara (``MVA'') viruses and vaccines and 
pharmaceutical compositions based thereon by reason of infringement of 
various claims of United States Patent Nos. 6,761,893 and 6,913,752. 
The complaint also alleged violations 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. The 
complaint named a single respondent, Acambis PLC (``Acambis'') of the 
United Kingdom. Only the patent allegations remain in this 
investigation.
    After a hearing and post-hearing briefing, the ALJ issued a final 
initial determination (``final ID'') on September 6, 2006, finding no 
violation of section 337. The ALJ held that the patents were infringed 
but invalid.
    Bavarian Nordic, Acambis, and the Commission investigative attorney 
filed petitions for review of the final ID. By notice of November 22, 
2006, the Commission determined to review the final ID in its entirety, 
as well as Order No. 10, and to ask the parties for briefing on the 
issues on review and on remedy, public interest and bonding. The 
parties submitted their initial and reply briefs on December 12 and 
December 22, 2006, respectively.
    By notice of January 19, 2007, the Commission requested briefing on 
whether this investigation has become or will shortly become moot, and 
if so, whether the investigation should be terminated. The parties 
submitted briefing on January 26, 2007.
    The Commission has determined to remand the final ID to the ALJ and 
to extend the target date for completion of the investigation by eight 
months to October 19, 2007.
    This action is taken under the authority of section 337 of the 
Tariff Act

[[Page 8792]]

of 1930, as amended (19 U.S.C. 1337), and in sections 210.45(c), 
210.51(a) of the Commission's Rules of Practice and Procedure (19 CFR 
210.45(c), 210.51(a)).

    By order of the Commission.

    Issued: February 21, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-3390 Filed 2-26-07; 8:45 am]
BILLING CODE 7020-02-P
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