[Federal Register Volume 61, Number 146 (Monday, July 29, 1996)] [Notices] [Pages 39468-39469] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-19109] ======================================================================= ----------------------------------------------------------------------- INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-389] Certain Diagnostic Kits for the Detection and Quantification of Viruses; Notice of Investigation AGENCY: U.S. International Trade Commission. ACTION: Institution of investigation pursuant to 19 U.S.C. 1337. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on June 25, 1996, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. Sec. 1337, on behalf of Hoffmann-La Roche, Inc., 340 Kingsland Street, Nutley, New Jersey 07110. The complaint 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 diagnostic kits for the detection and quantification of viruses, that infringe claims 1, 2, 5-9, 11, 12, 15, 17, and 18 of United States Letters Patent 5,476,774. The complainant requests that the Commission institute an investigation and, after a hearing, issue a permanent exclusion order and permanent cease and desist orders. ADDRESSES: The complaint, except for any confidential information contained therein, is 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., Room 112, Washington, DC 20436, telephone 202-205-1802. Hearing-impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. FOR FURTHER INFORMATION CONTACT: Smith R. Brittingham IV, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone 202-205-2576. 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 Sec. 210.10. SCOPE OF INVESTIGATION: Having considered the complaint, the U.S. International Trade Commission, on July 22, 1996, Ordered That-- (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine 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 diagnostic kits for the detection and quantification of viruses, by reason of infringement of claims 1, 2, 5-9, 11, 12, 15, 17, or 18 of United States Letters Patent 5,476,774; and whether there exists an industry in the United States as required by subsection (a)(2) of section 337. (2) 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 is--Hoffmann-La Roche, Inc., 340 Kingsland Street, Nutley, New Jersey 07110. (b) The respondents are the following companies alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Organon Teknika B.V., 5281 RM Boxtel, The Netherlands Organon Teknika Corporation, 100 Akzo Avenue, Durham, North Carolina 27712 (c) Smith R. Brittingham IV, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401-M, Washington, DC 20436, shall be the Commission investigative attorney, party to this investigation; and (3) For the investigation so instituted, the Honorable Sidney Harris is designated as the presiding administrative law judge. (4) Pursuant to section 210.50(b)(1) of the Commission's Rules of Practice and Procedure, 19 CFR Sec. 210.50(b)(1), the Commission delegates to the presiding administrative law judge for this investigation the authority to compel discovery, take evidence, and hear argument with respect to the public interest in this investigation, as appropriate, and directs the presiding administrative law judge to include findings of fact and conclusions of law on public interest issues in any recommended determination filed with the Commission under section 210.42(a)(1)(ii), 19 CFR Sec. 210.42(a)(1)(ii). Responses to the complaint and the notice of investigation must be submitted by the named respondents in [[Page 39469]] accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR Sec. 210.13. Pursuant to sections 201.16(d) and 210.13(a) of the Commission's Rules, 19 CFR Secs. 201.16(d) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint will not be granted unless good cause therefore is shown. Failure of a 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 such respondent. Issued: July 23, 1996. By order of the Commission. Donna R. Koehnke, Secretary. [FR Doc. 96-19109 Filed 7-26-96; 8:45 am] BILLING CODE 7020-02-U