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Code · REGISTER · 2006-06-16 · International Trade Commission · Notices

Notices. Notice

2,408 words·~11 min read·/register/2006/06/16/06-5503·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4310-MN-M INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-539] In the Matter of Certain Tadalafil or Any Salt or Solvate Thereof and Products Containing Same; Notice of Commission Issuance of General Exclusion Order; Decision To Grant Motion To File a Surreply; Termination of the Investigation AGENCY: International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has found a violation of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and has issued a general exclusion order under section 337(g)(2), 19 U.S.C. 1337(g)(2), and terminated the investigation.
The Commission has decided to grant complainant's motion to file a surreply. FOR FURTHER INFORMATION CONTACT: Jean Jackson, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone
(202)205-3104. 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 by the Commission based on a complaint filed by Lilly ICOS LLC (“Lilly”) of Wilmington, Delaware, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337. 70 FR 25601 (May 13, 2005). The complainant alleged 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 tadalafil or any salt or solvate thereof, and products containing same by reason of infringement of claims 1-4, 6-8, 12, and 13 of U.S. Patent No. 5,859,006 (“the ‘006 patent”). The complaint and notice of investigation named ten respondents. On September 12, 2005, the Commission issued a notice indicating that it had determined not to review an initial determination (“ID”) (Order No. 5) finding respondents Santovittorio Holdings Ltd. d/b/a Inhousepharmacy.co.uk of El Dorado, Panama; Stop4Rx of Port-au-Prince, Haiti, Rx Mex-Com, S.A. de C.V. of Colonia Las Brisas, Mexico; and *http://www.Nudewfds.info* of New Orleans, Louisiana; in default. The ID further found that respondent Express Generic had not been properly served with the complaint. On November 17, 2005, the Commission issued a notice that it had determined not to review an ID (Order No. 9) finding an additional five of the originally named respondents in default. The additional five respondents are Budget Medicines Pty Ltd., of Sydney, Australia; Generic Cialis Pharmacy of Managua, Nicaragua; Cutprice Pills of Scottsdale, Arizona; Allpills.us of Beverly Hills, California; and Pharmacy4u.us of New York, New York. On October 28, 2005, Lilly filed a motion for summary determination on the issues of the existence of a domestic industry and violation of section 337 by reason of patent infringement with respect to the nine respondents that were found in default. On November 14, 2005, the Commission investigative attorney (“IA”) filed a response in support of Lilly's motion. On December 6, 2005, the presiding administrative law judge (“ALJ”) issued an ID (Order No. 10) granting Lilly's motion for a summary determination of violation of section 337. At the same time the ALJ made his recommendations on remedy and the amount of bond to be imposed during the Presidential period of review provided for in section 337(j), 19 U.S.C. 1337(j). No party petitioned for review of the ID. On January 4, 2006, the Commission determined not to review the ID, thereby allowing it to become the Commission's final determination on violation. 71 FR 1452 (Jan. 9, 2006). With respect to remedy, the ALJ recommended the issuance of a general exclusion order under section 337(g)(2), 19 U.S.C. 1337(g)(2). The ALJ also recommended that the bond permitting importation during the Presidential review period be set at 100 percent of the value of the infringing imported products. Pursuant to the Commission's notice, Lilly and the IA submitted main briefs on the issues of remedy, the public interest, and bonding on January 17, 2006, with draft general exclusion orders attached. The IA filed a reply submission on January 24, 2006. Lilly filed a motion to file a surreply with surreply attached on February 9, 2006. The Commission has determined to grant Lilly's motion to file a surreply. Having reviewed the record in this investigation, including the recommended determination of the ALJ and the written submissions of the parties, the Commission has determined that the public interest factors listed in section 337(d)(2) do not preclude issuance of a general exclusion order that prohibits the unlicensed entry for consumption of tadalafil salt or solvate thereof and products containing same that infringe one or more of claims 1-4, 6-8, 12, and 13 of the ‘006 patent during the term of that patent. The Commission has further determined that the appropriate bond during the period of Presidential review pursuant to section 337(j) should be set at 100 percent of the value of the infringing products. The Commission's general exclusion order was delivered on the date of its issuance to the President and to the United States Trade Representative, pursuant to the Presidential Memorandum of July 21, 2005. 70 FR 43251 (July 26, 2005). This action is taken under authority of section 337 of the Tariff Act of 1930, 19 U.S.C. § 1337, and sections 210.41, 210.49, and 210.50 of the Commission's Rules of Practice and Procedure, 19 CFR 210.41, 210.49, and 210.50. Issued: June 13, 2006. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6-9467 Filed 6-15-06; 8:45 am] BILLING CODE 7020-02-P INTERNATIONAL TRADE COMMISSION [Inv. No. 337-TA-574] In the Matter of Certain Equipment for Telecommunications or Data Communications Networks, Including Routers, Switches, and Hubs, and Components Thereof; 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 May 15, 2006, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Telcordia Technologies, Inc. of Piscataway, New Jersey. An amended complaint was filed on June 5, 2006. The complaint as amended 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 equipment for telecommunications or data communications networks, including routers, switches, and hubs, and components thereof, by reason of infringement of claims 1, 3, and 4 of U.S. Patent No. 4,893,306, claims 1, 3, 5, 8, 11, and 33 of U.S. Patent No. Re. 36,633, and claims 1, 2, 7, and 8 of U.S. Patent No. 4,835,763. The amended complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant requests that the Commission institute an investigation and, after the investigation, issue a permanent limited exclusion order and permanent cease and desist orders. ADDRESSES: The amended 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 202-205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at *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.* FOR FURTHER INFORMATION CONTACT: Steven R. Pedersen, Office of Unfair Import Investigations, U.S. International Trade Commission, telephone 202-205-2781. 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 210.10 (2005). *Scope of Investigation:* Having considered the amended complaint, the U.S. International Trade Commission, on June 9, 2006, *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 equipment for telecommunications or data communications networks, including routers, switches, and hubs, or components thereof, by reason of infringement of one or more of claims 1, 3, and 4 of U.S. Patent No. 4,893,306, claims 1, 3, 5, 8, 11, and 33 of U.S. Patent No. Re. 36,633, and claims 1, 2, 7, and 8 of U.S. Patent No. 4,835,763, and whether an industry in the United States exists 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—Telcordia Technologies, Inc., One Telcordia Drive, Piscataway, New Jersey 08854.
(b)The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the amended complaint is to be served: Cisco Systems, Inc., 170 West Tasman Drive, San Jose, California 95134. Lucent Technologies, Inc., 600 Mountain Avenue, Murray Hill, New Jersey 07974. Alcatel S.A., 54, rue La Boétie, 75008, Paris, France. Alcatel USA, Inc., 3400 W. Plano Parkway, Plano, Texas 75075. PMC-Sierra, Inc., 3975 Freedom Circle, Santa Clara, CA 95054.
(c)The Commission investigative attorney, party to this investigation, is Steven R. Pedersen, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; and
(3)For the investigation so instituted, the Honorable Robert L. Barton, Jr. is designated as the presiding administrative law judge. Responses to the amended complaint and the notice of investigation must be submitted by the named respondents in accordance with § 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 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 amended complaint and the notice of investigation. Extensions of time for submitting responses to the amended complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the amended complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the amended 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 amended complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of a limited exclusion order or cease and desist order or both directed against the respondent. Issued: June 9, 2006. By order of the Commission. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E6-9416 Filed 6-15-06; 8:45 am] BILLING CODE 7020-02-P DEPARTMENT OF JUSTICE Drug Enforcement Administration Importer of Controlled Substances; Notice of Registration By Notice dated January 20, 2006 and published in the **Federal Register** on January 27, 2006 (71 FR 4612), Cerilliant Corporation, 811 Paloma Drive, Suite A, Round Rock, Texas 78664, made application by renewal to the Drug Enforcement Administration
(DEA)to be registered as an importer of the basic classes of controlled substances listed in Schedule I and II: Drug Schedule Cathinone
(1235)I Methcathinone
(1237)I N-Ethylamphetamine
(1475)I Gamma hydroxybutyric acid
(2010)I Ibogaine
(7260)I Tetrahydrocannabinols
(7370)I Mescaline
(7381)I 4-Bromo-2,5-dimethoxyamphetamine
(7391)I 4-Bromo-2,5-dimethoxyphenethylamine
(7392)I 4-Methyl-2,5-dimethoxyamphetamine
(7395)I 2,5-Dimethoxyamphetamine
(7396)I 3,4-Methylenedioxyamphetamine
(7400)I 3,4-Methylenedioxy-N-ethylamphetamine
(7404)I 3,4-Methylenedioxymethamphetamine
(7405)I 4-Methoxyamphetamine
(7411)I Psilocybin
(7437)I Psilocyn
(7438)I Etorphine (except HCI)
(9056)I Heroin
(9200)I Pholcodine
(9314)I Amphetamine
(1100)II Methamphetamine
(1105)II Methylphenidate
(1724)II Amobarbital
(2125)II Pentobarbital
(2270)II Cocaine
(9041)II Codeine
(9050)II Dihydrocodeine
(9120)II Oxycodone
(9143)II Hydromorphone
(9150)II Benzoylecgonine
(9180)II Ethylmorphine
(9190)II Meperidine
(9230)II Methadone
(9250)II Dextropropoxyphene, bulk (non-dosage forms)
(9273)II Morphine
(9300)II Thebaine
(9333)II Levo-alphacetylmethadol
(9648)II Oxymorphone
(9652)II The company plans to import small quantities of the listed controlled substances for the manufacture of analytical reference standards. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and 952(a) and determined that the registration of Cerilliant Corporation to import the basic class of controlled substances is consistent with the public interest and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971, at this time. DEA has investigated Cerilliant Corporation to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 952(a) and 958(a), and in accordance with 21 CFR 1301.34, the above named company is granted registration as an importer of the basic class of controlled substances listed. Dated: June 7, 2006. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration. [FR Doc. E6-9415 Filed 6-15-06; 8:45 am] BILLING CODE 4410-09-P NEIGHBORHOOD REINVESTMENT CORPORATION Neighborworks® America Annual Meeting of the Board of Directors; Sunshine Act Time & Date: 3 p.m. Tuesday, June 20, 2006. Place: 1325 G Street, NW., Suite 800, Boardroom, Washington, DC 20005. Status: Open. For Further Information Contact: Jeffrey T. Bryson, General Counsel/Secretary,
(202)220-2372; *jbryson@nw.org.* Agenda I. Call to Order II. Approval of the Minutes III. Summary Committee Reports IV. Resolutions of Appreciation V. Chief Executive Officer's Management Report VI. Adjournment Jeffrey T. Bryson, General Counsel/Secretary. [FR Doc. 06-5503 Filed 6-14-06; 10:53 am]
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