[Federal Register Volume 59, Number 3 (Wednesday, January 5, 1994)]
[Notices]
[Page 594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-152]
[[Page Unknown]]
[Federal Register: January 5, 1994]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-349]
Commission Decision Not To Review an Initial Determination
Suspending the Investigation
In the Matter of Certain Diltiazem Hydrochloride and Diltiazem
Preparations
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined not to review an initial determination (ID)
issued by the presiding administrative law judge (ALJ) suspending the
above-captioned investigation.
FOR FURTHER INFORMATION CONTACT: Cynthia P. Johnson, Esq., Office of
the General Counsel, U.S. International Trade Commission, telephone
202-205-3098.
SUPPLEMENTARY INFORMATION: On March 31, 1993, the Commission instituted
an investigation into allegations by complainants Tanabe Seiyaku Co.,
Ltd. and Marion Merrell Dow (``complainants'') that respondents Gyma
Laboratories of America, Inc.; Mylan Pharmaceuticals, Inc., Mylan
Laboratories, Inc. and Profarmaco Norbel SRL (``Mylan respondents'') ;
Orion Corporation Fermion, Interchem Corporation, Rhone-Poulenc Rorer,
Inc., and Copley Pharmaceuticals, Inc. (``the Fermion Respondents'');
and Abic Ltd. (``Abic'') were violating section 337 in the importation
and sale of certain diltiazem hydrochloride and diltiazem preparations
allegedly manufactured abroad by a process covered by claim 1 of U.S.
Letters Patent 4,438,035 (``the '035 patent''). Plantex USA
(``Plantex'') was later added as a respondent. On May 3, 1993,
respondent Abic requested that the U.S. Patent and Trademark Office
(``PTO'') reexamine all claims of the '035 patent. On June 25, 1993,
the PTO granted Abic's request and began reexamination proceedings. On
November 22, 1993, the PTO issued an office action rejecting claims of
the '035 patent as obvious under 35 U.S.C. 103.
On November 23, 1993, as a result of the PTO's rejection,
complainants moved to suspend the Commission investigation pending the
outcome of the PTO reexamination proceedings. Respondents opposed the
motion, and the Commission investigative attorney (IA) supported the
motion. On November 24, 1993, the presiding ALJ issued an ID suspending
the investigation until 30 days after the completion of reexamination
proceedings at the PTO or until such time as may be prescribed by the
Commission.
On December 2, 1993, Abic and Plantex filed a petition for review
of the ID. On December 6, 1993, the Fermion respondents filed a
response in support of Abic and Plantex's petition for review. On
December 9, 1993, complainants and the IA filed oppositions to
respondents' petition for review.
This action is taken under the authority of section 337 of the
Tariff Act of 1930 (19 U.S.C. 1337) and Sec. 210.53(h) of the
Commission's Interim Rules of Practice and Procedure (19 CFR
210.53(h)).
Copies of the ID and all other nonconfidential documents filed in
connection with this investigation are available for inspection during
official business hours (8:45 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. Hearing-impaired persons
are advised that information on the matter can be obtained by
contacting the Commission's TDD terminal on 202-205-1810.
Issued: December 28, 1993.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-152 Filed 1-4-94; 8:45 am]
BILLING CODE 7020-02-P
