[Federal Register Volume 59, Number 68 (Friday, April 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8473]
[[Page Unknown]]
[Federal Register: April 8, 1994]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-358]
Certain Recombinantly Produced Human Growth Hormones; Decision To
Review and Modify an Initial Determination Designating the
Investigation ``More Complicated''
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 to review and modify an initial determination
(ID) (Order No. 82) issued on March 2, 1994, by the presiding
administrative law judge (ALJ) in the above-captioned investigation
designating the investigation ``more complicated.''
FOR FURTHER INFORMATION CONTACT: Jean H. Jackson, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone 202-205-3104.
SUPPLEMENTARY INFORMATION: The Commission instituted this
investigation, which concerns allegations of section 337 violations in
the importation of recombinantly produced human growth hormone on
September 29, 1993. Complainant Genentech Inc. (``Genentech'') alleges
infringement of claims of four U.S. Letters Patent owned by Genentech.
On February 25, 1994, respondents Bio-Technology General Corp. and
Biotechnology General (Israel) (collectively, ``BTG'') filed a motion
to designate the investigation ``more complicated.'' The presiding
ALJ's ID granting the motion indicated that the investigation should be
designated ``more complicated'' because BTG needed additional time to
complete discovery in this investigation, which involves many factually
and legally complex issues concerning the validity and enforceability
of numerous claims of four patents. The ID extended the deadline for
issuance of the ALJ's final ID by one month, or until July 29, 1994,
and stated that ``[e]xtension of the Commission action by one month
would make the Commission's statutory deadline October 31, 1994.'' No
petitions for review of the ID were filed. No agency comments were
received.
After consideration of the record, including the ID, the Commission
determined on its motion to review the ID and to modify it by striking
the statement concerning the statutory deadline for Commission action.
This statement is not consistent with section 337(b), which provides
that the statutory deadline in ``more complicated'' investigations is
18 months after the date of institution. The statutory deadline for
completion of the investigation is therefore March 29, 1995. However,
the Commission expects to complete this investigation prior to the
statutory deadline. In all other respects, the Commission adopted the
ID as the determination of the Commission.
This action is taken under authority of section 337 of the Tariff
Act of 1930 (19 U.S.C. 1337) and Secs. 210.55 and 210.59(a) of the
Commission's Interim Rules of Practice and Procedure (19 CFR 210.55,
210.59(a)). Copies of the ID, the Commission order modifying the ID,
and all other nonconfidential 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. Hearing-impaired persons are advised
that information on this matter can be obtained by contacting the
Commission's TDD terminal on 202-205-1810.
Dated: April 4, 1994.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-8473 Filed 4-7-94; 8:45 am]
BILLING CODE 7020-02-P
