[Federal Register Volume 62, Number 242 (Wednesday, December 17, 1997)]
[Notices]
[Page 66129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32948]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-358]
Notice of Commission Determination to Terminate the Investigation
Based on Withdrawal of the Complaint; Vacatur of Alternative Findings;
Denial of Respondents' Motion to Terminate; Denial of Motions for Leave
to File Reply Briefs
In the matter of: Certain Recombinantly Produced Human Growth
Hormones.
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 to terminate the above-captioned
investigation on the basis of complainant's motion to withdraw its
complaint and to vacate the alternative findings on the merits made by
the presiding administrative law judge (ALJ) in his initial
determination (ID) of November 29, 1994. The Commission has also
determined to deny certain respondents' motion for termination of the
investigation, as well as the various motions for leave to file reply
briefs.
FOR FURTHER INFORMATION CONTACT: Jean Jackson, Esq., Office of the
General Counsel, U.S. International Trade Commission, telephone 202-
205-3104.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on September 29, 1993, based on a complaint filed by Genentech, Inc. of
South San Francisco, California. 58 FR 50954. Six firms were named as
respondents, i.e., Novo Nordisk 2 A/S of Denmark; Novo Nordisk of North
America, Inc. of New York; Novo Nordisk Pharmaceuticals, Inc. of New
Jersey; ZymoGenetics, Inc. of Seattle, Washington (collectively,
``Novo''); Biotechnology General Corp. of New York; and Bio-Technology
General Corp. (Israel) Ltd. (collectively, ``BTG'').
On November 29, 1994, the presiding ALJ issued an ID dismissing the
complaint and terminating the investigation as a sanction for
complainant's alleged misconduct in withholding certain documents
during discovery. In the alternative, the ALJ reached the merits of the
investigation, finding that there would have been a violation of
section 337 based on the record as it closed on April 24, 1994,
although noting that the record was incomplete because of complainant's
conduct. On January 17, 1995, the Commission decided not to review the
portion of the ID that dismissed the complaint as a sanction for
discovery abuse, but took no position on the portion of the ID that
found a violation of section 337 based on an incomplete record. 60 FR
4923 (January 25, 1995). Genentech appealed the Commission's
determination to the U.S. Court of Appeals for the Federal Circuit
(Federal Circuit). On August 14, 1997, the Federal Circuit reversed the
Commission's decision to dismiss the investigation as a sanction and
remanded the investigation to the Commission. Genentech, Inc. v. USITC,
43 USPQ2d 1722 (Fed. Cir. 1997). The court issued its mandate on
September 4, 1997.
On September 22, 1997, Novo filed a motion to terminate the
investigation with a finding of no violation based on certain findings
adverse to Genentech that were made in the ALJ's ID of November 29,
1994, and on an unrelated intervening Federal Circuit decision
concerning one of the patents asserted by Genentech in the Commission
investigation. On September 30, 1997, BTG responded to Novo's motion
that it had no objection to withdrawal of the complaint. On October 2,
1997, Genentech opposed Novo's motion and filed its own motion to
terminate the investigation based on its withdrawal of its complaint.
On October 4, 1997, the Commission investigative attorney (IA) opposed
Novo's motion to terminate. On October 14, 1997, the IA supported
Genentech's motion to withdraw. Between October 4 and October 30, 1997,
the private parties filed four motions for leave to file additional
briefs replying to the response briefs.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, 19 U.S.C. Sec. 1337, and Commission interim rule
210.51, 19 CFR 210.51 (1994).
Copies of the public version of the ALJ's ID, and all other
nonconfidential 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 S.W., Washington, D.C.
20436, telephone 202-205-2000. Hearing-impaired persons are advised
that information on the matter can be obtained by contacting the
Commission's TDD terminal on 202-205-1810. General information
concerning the Commission may also be obtained by accessing its
Internet server (http://www.usitc.gov or ftp://ftp.usitc.gov).
Issued: December 11, 1997.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-32948 Filed 12-16-97; 8:45 am]
BILLING CODE 7020-02-P