Federal Register: September 23, 2005 (Volume 70, Number 184)
DOCID: FR Doc 05-19037
INTERNATIONAL TRADE COMMISSION
International Trade Commission
DOCUMENT ID: [Investigation No. 337-TA-550]
ACTION: Import investigations:
DOCUMENT ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
In the Matter of Certain Modified Vaccinia Ankara (``MVA'') Viruses and Vaccines and Pharmaceutical Compositions Based Thereon; Notice of Investigation
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on
August 19, 2005 under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Bavarian Nordic A/S. A letter supplementing and amending the complaint was filed on September 9, 2005. The complaint, as supplemented and amended, 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 Modified Vaccinia Ankara viruses and vaccines and
pharmaceutical compositions based thereon by reason of infringement of claims 1, 4, 5, and 34 of U.S. Patent No. 6,761,893 and claims 1, 29, and 1316 of U.S. Patent No. 6,913,752, and misappropriation of trade secrets. The complaint further alleges that there exists an industry in the United States as required by section 337.
The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent exclusion order and a permanent cease and desist order.
Modified vaccinia ankara viruses and vaccines and pharmaceutical compositions based thereon,
FOR FURTHER INFORMATION CONTACT
Erin D.E. Joffre, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone 2022052550 or Thomas S. Fusco, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone 2022052571.
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 210.10 (2005).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on September 19, 2005, ordered that
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended, an investigation be instituted to determine:
(a) 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 Modified Vaccinia Ankara (``MVA'') viruses and vaccines and
pharmaceutical compositions based thereon by reason of infringement of
claims 1, 4, 5, or 34 of U.S. Patent No. 6,761,893 or claims 1, 29,
1315 or 16 of U.S. Patent No. 6,913,752, and whether an industry in
the United States exists or is in the process of being established as required by subsection (a)(2) of section 337; and
(b) Whether there is a violation of subsection (a)(1)(A) 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, and whether an industry in the United States. (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), the presiding administrative law judge shall take evidence or other information and hear arguments from the parties and other interested persons with respect to the public interest in this investigation, as appropriate, and provide the Commission with findings of fact on this issue.
(3) 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 isBavarian Nordic A/S, Bogeskovvej 9, DK3490 Kvistgard, Denmarky.
(b) The respondent is the following company alleged to be in violation of Section 337 and upon which the complaint is to be served Acambis, Plc, Peterhouse Technology Park, 100 Fulbourne Road, Cambridge, CB1 9PT, United Kingdom.
(c) Erin D.E. Joffre and Thomas S. Fusco, Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401, Washington, DC 20436, who shall be the Commission investigative attorneys, party to this investigation;
(4) For the investigation so instituted, the Honorable Robert L. Barton, Jr. is designated as the presiding administrative law judge.
A response to the complaint and the notice of investigation must be submitted by the named respondent 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 response will be considered by the Commission if received no later than 20 days after the date of service by the Commission of the complaint and notice of investigation. Extensions of time for submitting a response to the complaint will not be granted unless good cause therefor is shown.
Failure of the 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 the respondent.
By order of the Commission.
Issued: September 19, 2005
Secretary to the Commission.
[FR Doc. 0519037 Filed 92205; 8:45 am]
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