80 FR 62569 - Certain Recombinant Factor VIII Products; Commission Determination Not To Review an Initial Determination Granting an Unopposed Motion To Amend the Complaint and Notice of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 200 (October 16, 2015)

Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (``ID'') (Order No. 10) granting an unopposed motion to add as complainants Baxalta, Inc. of Deerfield, Illinois; Baxalta US Inc. of Deerfield, Illinois; and Baxalta GmbH of Glattpark, Switzerland.

[Federal Register Volume 80, Number 200 (Friday, October 16, 2015)]
[Notices]
[Pages 62569-62570]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26295]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-956]


Certain Recombinant Factor VIII Products; Commission 
Determination Not To Review an Initial Determination Granting an 
Unopposed Motion To Amend the Complaint and Notice of 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. 10) granting an unopposed motion to add as 
complainants Baxalta, Inc. of Deerfield, Illinois; Baxalta US Inc. of 
Deerfield, Illinois; and Baxalta GmbH of Glattpark, Switzerland.

FOR FURTHER INFORMATION CONTACT: Lucy Grace D. Noyola, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone 202-205-3438. 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

[[Page 62570]]

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 May 22, 2015, based on a complaint filed by Baxter International 
Inc. of Deerfield, Illinois; Baxter Healthcare Corporation of 
Deerfield, Illinois; and Baxter Healthcare SA of Glattpark, Switzerland 
(``Baxter''). 80 FR 29745 (May 22, 2015). The complaint alleges 
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 recombinant factor VIII products by reason of infringement of 
certain claims of U.S. Patent Nos. 6,100,061; 6,936,441; and 8,084,252. 
Id. The notice of investigation named Novo Nordisk A/S of Bagsvaerd, 
Denmark and Novo Nordisk Inc. of Plainsboro, New Jersey (``Novo 
Nordisk'') as respondents. Id. at 29746. The Office of Unfair Import 
Investigations (``OUII'') also was named as a party to the 
investigation. Id.
    On September 3, 2015, Baxter filed a motion to amend the complaint 
and notice of investigation to add Baxalta, Inc., Baxalta US Inc., and 
Baxalta GmbH (``the Baxalta entities'') as complainants. Neither Novo 
Nordisk nor OUII opposed the motion.
    On September 16, 2015, the presiding administrative law judge 
(``ALJ'') issued an ID, Order No. 10, granting the motion to amend the 
complaint and notice of investigation. The ALJ found good cause for the 
amendment. The ALJ found the amendment would not prejudice the parties 
because (1) they have been aware of a corporate transition involving 
Baxter and the Baxalta entities since the service of the complaint and 
the notice of investigation and (2) Baxter has been responding to 
discovery requests as though they were directed to Baxter and the 
Baxalta entities and will continue to do so. The ALJ found that having 
the correct parties in the investigation would simplify and streamline 
the discovery process. No petitions for review of the ID 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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: October 8, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-26295 Filed 10-15-15; 8:45 am]
 BILLING CODE 7020-02-P