[Federal Register: January 24, 2007 (Volume 72, Number 15)]
[Notices]
[Page 3151]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ja07-81]
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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 Commission Decision To Request Supplemental Briefing and To
Extend the Target Date for Completion of the Investigation
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 requested supplemental briefing in the above-captioned
investigation and has determined to extend the target date for
completion of the investigation.
FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202) 205-3065. 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. The complaint alleged violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337, 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 (``Acambis'') of the United Kingdom. Only the patent
allegations remain in this investigation.
After a hearing and post-hearing briefing, the 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. By notice of November 22,
2006, the Commission determined to review the final ID in its entirety,
as well as Order No. 10, to extend the target date for completion of
the investigation to January 31, 2007, and to ask the parties for
briefing on the issues on review and on remedy, public interest and
bonding. The parties submitted their initial and reply briefs on
December 12 and December 22, 2006, respectively.
In view of information set out in the briefs on review, the
Commission has requested briefing on whether this investigation has
become or will shortly become moot, and if so, whether the
investigation should be terminated. This information includes a press
release by Acambis dated November 14, 2006 indicating that its
``proposal is no longer being considered for award as part of the U.S.
Government's Modified Vaccinia Ankara (``MVA'') smallpox vaccine tender
process.'' To accommodate briefing on this issue, the Commission has
determined to extend the target date for completion of this
investigation to February 21, 2007.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. 1337), and in section
210.51(a) of the Commission's Rules of Practice and Procedure (19 CFR
210.51(a)).
Issued: January 19, 2007.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-985 Filed 1-23-07; 8:45 am]
BILLING CODE 7020-02-P