[Federal Register: September 5, 2007 (Volume 72, Number 171)]
[Notices]
[Page 50978]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05se07-60]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-550]
In the Matter of Certain Modified Vaccinia Ankara (``MVA'')
Viruses and Vaccines and Pharmaceutical Compositions Based Thereon;
Notice of a Commission Determination Not To Review an Initial
Determination Terminating the Investigation in Its Entirety Based on a
Consent Order; Issuance of Consent Order
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'') (Order No. 54) of the presiding administrative law judge
(``ALJ'') in the above-captioned investigation terminating the
investigation in its entirety on the basis of a consent order.
FOR FURTHER INFORMATION CONTACT: Clint A. Gerdine, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone (202) 708-2310. Copies of non-
confidential 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. General information concerning the
Commission may also be obtained by accessing its Internet server
(http://www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://
edis.usitc.gov. Hearing-impaired persons are advised that information
on this matter can be obtained by contacting the Commission's TDD
terminal on (202) 205-1810.
SUPPLEMENTARY INFORMATION: This investigation was instituted on
September 23, 2005, based on a complaint filed by Bavarian Nordic A/S
of Denmark (``Bavarian Nordic''). The complaint alleged violations of
section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) (``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 (``MVA'') viruses and vaccines and
pharmaceutical compositions based thereon by reason of infringement of
various claims of United States Patent Nos. 6,761,893 and 6,913,752.
The complaint also alleged violations 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. The
complaint named a single respondent, Acambis PLC of the United Kingdom
(``Acambis''). Only the patent allegations remain in this
investigation.
After a hearing and post-hearing briefing, the then-presiding ALJ
issued a final initial determination (``final ID'') on September 6,
2006, finding no violation of section 337. The ALJ held that the
patents were infringed but invalid.
Bavarian Nordic, Acambis, and the Commission investigative attorney
filed petitions for review of the final ID. On November 22, 2006, the
Commission determined to review the final ID in its entirety, and to
ask the parties for briefing on the issues on review and on remedy, the
public interest, and bonding. On February 21, 2007, the Commission
determined to remand the final ID to the ALJ and to extend the target
date for completion of the investigation to October 19, 2007. The
target date was subsequently extended to February 20, 2008.
On July 27, 2007, complainant and respondent filed a joint motion
to terminate the investigation on the basis of a consent order. The
Commission investigative attorney filed a response in support of the
motion. The consent order includes a provision vacating the final ID of
September 6, 2006.
The ALJ issued the subject ID on August 9, 2007, granting the
motion for termination. He found that the consent order stipulation
satisfies Commission rule 210.21(c)(3)(i), and that the termination of
the investigation by consent order is not contrary to the public
interest. No party petitioned for review of the ID. The Commission has
determined not to review the ID. The investigation is terminated in its
entirety and the final ID of September 6, 2006, is vacated.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in sections 210.21(c) and 210.42(h) of the Commission's Rules of
Practice and Procedure (19 CFR 210.21(c), 210.42(h)).
Issued: August 29, 2007.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-17465 Filed 9-4-07; 8:45 am]
BILLING CODE 7020-02-P