80 FR 24967 - Certain Hemostatic Products and Components Thereof; Commission Determination Not To Review an Initial Determination Granting a Motion To Terminate the Investigation on the Basis of Settlement; Termination of the Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 84 (May 1, 2015)

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 51) issued by the presiding administrative law judge (``ALJ'') on April 2, 2015, granting complainants' motion to terminate the above-identified investigation on the basis of settlement.

[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Notices]
[Pages 24967-24968]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10198]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-913]


Certain Hemostatic Products and Components Thereof; Commission 
Determination Not To Review an Initial Determination Granting a Motion 
To Terminate the Investigation on the Basis of Settlement; Termination 
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 determined not to review an initial determination 
(``ID'') (Order No. 51) issued by the presiding administrative law 
judge (``ALJ'') on April 2, 2015, granting complainants' motion to 
terminate the above-identified investigation on the basis of 
settlement.

FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-2392. 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: The Commission instituted this investigation 
on April 7, 2014, based on a complaint filed on February 28, 2014, and 
supplemented on March 19, 2014, on behalf of Baxter International Inc. 
of Deerfield, Illinois; Baxter Healthcare Corporation of Deerfield, 
Illinois; and Baxter Healthcare SA of Switzerland (collectively, 
``Baxter''). 79 FR 19124 (Apr. 7, 2014). The complaint alleged 
violations of Section 337 of the Tariff Act of 1930, as amended, 19 
U.S.C. 1337, in the sale for importation, and sale within the United 
States after importation of certain hemostatic products and components 
thereof by reason of infringement of certain claims of U.S. Patent Nos. 
8,303,981; 8,512,729; 6,066,325; 8,357,378; and 8,603,511. The 
complaint further alleges that an industry in the United States exists 
as required by subsection (a)(2) of section 337. The Commission's 
notice of investigation named as respondents Johnson & Johnson 
(``J&J'') of Brunswick, New Jersey; Ethicon, Inc. (``Ethicon'') of 
Somerville, New Jersey; Ferrosan Medical Devices A/S (``Ferrosan'') of 
Denmark; and Packaging Coordinators, Inc. (``PCI'') of Philadelphia, 
Pennsylvania. 79 FR 19125. The Office of Unfair Import Investigations 
was named as a party to the investigation. Id. Subsequently, the 
investigation was terminated with respect to J&J and PCI. See Notice of 
Commission Determination Not to Review an Initial Determination 
Partially Terminating the Investigation Based on a Withdrawal of the 
Complaint (July 14, 2014).
    On March 31, 2015, Baxter moved to terminate the investigation as 
to respondents Ethicon and Ferrosan based

[[Page 24968]]

upon a settlement agreement between them. The parties asserted that 
there are no other agreements, written or oral, express or implied 
between them concerning the subject matter of this investigation. The 
Commission's Investigative Attorney filed a response in support of the 
motion.
    On April 2, 2015, the ALJ issued an ID (Order No. 51), granting the 
motion to terminate the investigation as to respondents Ethicon and 
Ferrosan. The ALJ found that the settlement agreement appears to 
resolve the dispute between the parties, and that granting the motion 
would not adversely affect the public interest factors. No petitions 
for review were filed.
    The Commission has determined not to review the subject ID.
    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 section 210 of the Commission's Rules of Practice and Procedure (19 
CFR part 210).

    By order of the Commission.

    Issued: April 27, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-10198 Filed 4-30-15; 8:45 am]
 BILLING CODE 7020-02-P