[Federal Register Volume 62, Number 228 (Wednesday, November 26, 1997)]
[Notices]
[Page 63193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31092]
[[Page 63193]]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-370 (Sanctions Proceeding)]
In the Matter of Certain Salinomycin Biomass and Preparations
Containing Same; Notice of Postponement of Commission Hearing
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to postpone indefinitely a public hearing in
the above-captioned proceeding while the Commission considers a joint
motion by the private parties to terminate the proceeding.
FOR FURTHER INFORMATION CONTACT: Jean H. Jackson, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
S.W., Washington, D.C. 20436, telephone 202-205-3104. General
information concerning the Commission may also be obtained by accessing
its Internet server (http://www.usitc.gov or ftp://ftp.usitc.gov).
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on February 6, 1995, based on a complaint filed by Kaken Pharmaceutical
Co. Inc. (Kaken). On November 6, 1995, the ALJ issued his final initial
determination (ID) in this investigation, finding no violation of
section 337 of the Tariff Act of 1930, 19 U.S.C. Sec. 1337, by
respondents Hoechst Aktiengesellschaft, Hoechst Veterinar GmbH, and
Hoechst-Roussel Agri-Vet Co. (collectively, Hoechst). His determination
was based on his findings that the patent at issue was invalid for
failure to disclose the best mode of operation and unenforceable due to
inequitable conduct during prosecution of the patent. The ALJ's ID was
not reviewed by the Commission and was ultimately upheld on appeal to
the U.S. Court of Appeals for the Federal Circuit, Kaken Pharmaceutical
Co. v. USITC, Appeal Nos. 96-1300,-1302, nonprecedential opinion dated
March 31, 1997.
On January 19, 1996, Hoechst filed a motion for sanctions against
Kaken, which the Commission referred to the presiding ALJ for issuance
of a recommended determination (RD). Hoechst's motion alleged, inter
alia, that Kaken committed sanctionable conduct by filing a complaint
totally lacking in merit. On May 14, 1997, the ALJ issued his RD in
which he recommended that the Commission impose on Kaken and its
attorneys joint and several liability for an amount of money equal to
double the entire attorneys fees and costs of the Hoechst respondents
incurred in both the section 337 investigation on the merits and in the
proceedings on sanctions. All parties filed comments on the RD. On
August 8, 1997, Kaken and its attorneys requested an opportunity for
oral argument before the Commission. On October 24, 1997, the
Commission granted the motion for oral argument and set a hearing date
for December 10, 1997. 62 FR 58746 (Oct. 30, 1997).
This action is taken under the authority of section 337 of the
Tariff Act of 1930, 19 U.S.C. Sec. 1337 and Commission rule 210.25, 19
CFR Sec. 210.25.
Hearing-impaired persons are advised that information on this
matter can be obtained by contacting the Commission's TDD terminal on
202-205-1810.
By order of the Commission.
Issued: November 21, 1997.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-31092 Filed 11-25-97; 8:45 am]
BILLING CODE 7020-02-P
