[Federal Register Volume 61, Number 146 (Monday, July 29, 1996)]
[Notices]
[Pages 39468-39469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19109]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-389]
Certain Diagnostic Kits for the Detection and Quantification of
Viruses; Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on June 25, 1996, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, on behalf
of Hoffmann-La Roche, Inc., 340 Kingsland Street, Nutley, New Jersey
07110. The complaint alleges 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 diagnostic
kits for the detection and quantification of viruses, that infringe
claims 1, 2, 5-9, 11, 12, 15, 17, and 18 of United States Letters
Patent 5,476,774.
The complainant requests that the Commission institute an
investigation and, after a hearing, issue a permanent exclusion order
and permanent cease and desist orders.
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 202-205-1802. Hearing-impaired
individuals are advised that information on this matter can be obtained
by contacting the Commission's TDD terminal on 202-205-1810.
FOR FURTHER INFORMATION CONTACT: Smith R. Brittingham IV, Esq., Office
of Unfair Import Investigations, U.S. International Trade Commission,
telephone 202-205-2576.
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, and in
section 210.10 of the Commission's Rules of Practice and Procedure, 19
CFR Sec. 210.10.
SCOPE OF INVESTIGATION: Having considered the complaint, the U.S.
International Trade Commission, on July 22, 1996, Ordered That--
(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 diagnostic
kits for the detection and quantification of viruses, by reason of
infringement of claims 1, 2, 5-9, 11, 12, 15, 17, or 18 of United
States Letters Patent 5,476,774; and whether there exists an industry
in the United States 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--Hoffmann-La Roche, Inc., 340 Kingsland
Street, Nutley, New Jersey 07110.
(b) The respondents are the following companies alleged to be in
violation of section 337, and are the parties upon which the complaint
is to be served:
Organon Teknika B.V., 5281 RM Boxtel, The Netherlands
Organon Teknika Corporation, 100 Akzo Avenue, Durham, North Carolina
27712
(c) Smith R. Brittingham IV, Esq., Office of Unfair Import
Investigations, U.S. International Trade Commission, 500 E Street, SW.,
Room 401-M, Washington, DC 20436, shall be the Commission investigative
attorney, party to this investigation; and
(3) For the investigation so instituted, the Honorable Sidney
Harris is designated as the presiding administrative law judge.
(4) Pursuant to section 210.50(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR Sec. 210.50(b)(1), the Commission
delegates to the presiding administrative law judge for this
investigation the authority to compel discovery, take evidence, and
hear argument with respect to the public interest in this
investigation, as appropriate, and directs the presiding administrative
law judge to include findings of fact and conclusions of law on public
interest issues in any recommended determination filed with the
Commission under section 210.42(a)(1)(ii), 19 CFR
Sec. 210.42(a)(1)(ii).
Responses to the complaint and the notice of investigation must be
submitted by the named respondents in
[[Page 39469]]
accordance with section 210.13 of the Commission's Rules of Practice
and Procedure, 19 CFR Sec. 210.13. Pursuant to sections 201.16(d) and
210.13(a) of the Commission's Rules, 19 CFR Secs. 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 will not be granted
unless good cause therefore 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 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 both an initial determination and a final determination
containing such findings, and may result in the issuance of a limited
exclusion order or a cease and desist order or both directed against
such respondent.
Issued: July 23, 1996.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-19109 Filed 7-26-96; 8:45 am]
BILLING CODE 7020-02-U
