[Federal Register Volume 76, Number 60 (Tuesday, March 29, 2011)]
[Notices]
[Pages 17444-17446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-7295]


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INTERNATIONAL TRADE COMMISSION

 [Inv. No. 337-TA-768]


 In the Matter of Certain Vaginal Ring Birth Control Devices; 
Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on February 25, 2011, under section 
337 of the Tariff Act of 1930, as amended, 19

[[Page 17445]]

U.S.C. 1337, on behalf of Femina Pharma Incorporated of Miami, Florida. 
Letters supplementing the complaint were filed on March 11 and 15, 
2011. The complaint alleges violations of section 337 based upon the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain vaginal ring 
birth control devices by reason of infringement of claim 1 of U.S. 
Patent No. 6,086,909 (``the `909 patent''). The 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 an exclusion order 
and 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 202-205-2000. 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: Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.
    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 (2010).
    Scope Of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 23, 2011, 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 vaginal ring 
birth control devices that infringe claim 1 of the `909 patent, and 
whether an industry in the United States exists as required by 
subsection (a)(2) of section 337;
    (2) Pursuant to Commission Rule 210.50(b)(1), 19 CFR 210.50(b)(1), 
the presiding administrative law judge shall take evidence or other 
information and hear arguments from the parties and other interested 
persons with respect to the public interest in this investigation, as 
appropriate, and provide the Commission with findings of fact and a 
recommended determination on this issue;
    (3) 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: Femina Pharma Incorporated, 3470 E. Coast 
Ave., Suite H502, Miami, FL 33137.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Merck & Co., Inc., One Merck Drive, Whitehouse Station, NJ 08889;
Schering Plough Corporation, 2000 Galloping Hill Road, Kenilworth, NJ 
07033;
Organon USA, Inc., 100 Rodolphe Street, Durham, North Carolina 27712;
N.V. Organon, Molenstraat 110, Oss, Netherlands, 5340 BH;
CVS Caremark Corporation, One CVS Drive, Woonsocket, RI 02895;
CVS Pharmacy, Inc., One CVS Drive, Woonsocket, RI 02895;
Wal-Mart Stores, Inc., 702 S.W. 8th St., Bentonville, AR 72716;
Walgreens Co., 200 Wilmont RD, Deerfield, IL 60015;
The Canamerican Drugs Inc., d/b/a, http://www.77Canadapharmacy.com. 
http://www.medcentercanada.com. http://www.tigerdrugs.com . 77 Canada 
Pharmacy, 8-1421 St. James Street, Winnipeg, MB, R3H 0Y9, Canada.
The Canamerican Global Inc., d/b/a, http://www.canamericanglobal.com, 
77 Canada Pharmacy, 8-1421 St. James Street, Winnipeg, MB, R3H 0Y9, 
Canada;
Canadian Med Service, d/b/a, http://www.canadianmedservices.com, 77 
Canada Pharmacy, 8-1421 St. James Street, Winnipeg, MB, R3H 0Y9, 
Canada;
Panther Meds Inc., d/b/a, http://www.panthermeds.com, 77 Canada 
Pharmacy, 8-1421 St. James Street, Winnipeg, MB, R3H 0Y9, Canada;
Canada Drugs Online, d/b/a, http://www.Canadadrugsonline.com, Unit 
<greek-i>202A, 8322-130th Street, Surrey, British Columbia, Canada V3W 
8J;
Drug World Canada, d/b/a, http://www.drugworldcanada.com, Unit 
<greek-i>202A, 8322-130th Street, Surrey, British Columbia, Canada V3W 
8J9;
CanDrug Health Solutions Inc., d/b/a, http://www.candrug.com, Unit 
<greek-i>202A,, 8322-130th Street, Surrey, British Columbia, Canada V3W 
8J9;
Big Mountain Drugs, d/b/a, http://www.bigmountaindrugs.com, Unit 
<greek-i>202A, 8322-130th Street, Surrey, British Columbia, Canada V3W 
8J9;
BestBuyRx.com, d/b/a, http://www.bestbuyrx.com, Unit <greek-i>202A, 
8322-130th Street, Surrey, British Columbia, Canada V3W 8J9;
Blue Sky Drugs, d/b/a, http://www.Blueskydrugs.com, Unit <greek-i>202A, 
8322-130th Street, Surrey, British Columbia, Canada V3W 8J9;
ABC Online Pharmacy, d/b/a, http://www.abconlinepharmacy.com, 200-7382 
Winston Street, Burnaby, British Columbia, V5A 2G9 Canada;
Canadadrugs.com LP, d/b/a, http://www.Canadadrugs.com, 24 Terracon 
Place, Winnipeg, Manitoba, Canada R2J 4G7.
North Drug Store, d/b/a, http://www.northdrugstore.com, 266 Graham 
Avenue, P.O. Box 1074 Station Main, Winnipeg, Manitoba, R3C 2X4 Canada;
Canada Pharmacy, d/b/a, http://www.CanadaPharmacy.com, 477 Peace Portal 
Dr Suite <greek-i>180, Blaine, WA 98230;

    (c) The Commission investigative attorney, party to this 
investigation, is the Office of Unfair Import Investigations, U.S. 
International Trade Commission, 500 E Street, SW., Suite 401, 
Washington, DC 20436; and
    (4) For the investigation so instituted, the Honorable Paul J. 
Luckern, Chief Administrative Law Judge, U.S. International Trade 
Commission, shall designate the presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d)-(e) 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 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

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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 an 
initial determination and a final determination containing such 
findings, and may result in the issuance of an exclusion order or a 
cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: March 23, 2011.
James R. Holbein,
Acting Secretary to the Commission.
[FR Doc. 2011-7295 Filed 3-28-11; 8:45 am]
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