[Federal Register Volume 72, Number 38 (Tuesday, February 27, 2007)]
[Notices]
[Pages 8791-8792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3390]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-550]


 In the Matter of Certain Modified Vaccinia Ankara (``MVA'') 
Viruses and Vaccines and Pharmaceutical Compositions Based Thereon; 
Notice of Commission Decision to Remand the Final Initial Determination 
Finding No Violation of Section 337 and To Extend the Target Date for 
Completion of the 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 to remand the final initial determination 
(``final ID'') of the presiding administrative law judge (``ALJ'') 
finding no violation of section 337 of the Tariff Act of 1930, as 
amended, 19 U.S.C. 1337 (``section 337''), in the above-captioned 
investigation and to extend the target date for completion of the 
investigation to October 19, 2007.

FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-3065. 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 on 
September 23, 2005, based on a complaint filed by Bavarian Nordic A/S 
of Denmark (``Bavarian Nordic''). The complaint 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 Modified Vaccinia Ankara (``MVA'') viruses and vaccines and 
pharmaceutical compositions based thereon by reason of infringement of 
various claims of United States Patent Nos. 6,761,893 and 6,913,752. 
The complaint also alleged violations of section 337 in the importation 
of certain MVA viruses and vaccines and pharmaceutical compositions 
based thereon or in the sale of such articles by reason of 
misappropriation of trade secrets, the threat or effect of which is to 
destroy or substantially injure an industry in the United States. The 
complaint named a single respondent, Acambis PLC (``Acambis'') of the 
United Kingdom. Only the patent allegations remain in this 
investigation.
    After a hearing and post-hearing briefing, the ALJ issued a final 
initial determination (``final ID'') on September 6, 2006, finding no 
violation of section 337. The ALJ held that the patents were infringed 
but invalid.
    Bavarian Nordic, Acambis, and the Commission investigative attorney 
filed petitions for review of the final ID. By notice of November 22, 
2006, the Commission determined to review the final ID in its entirety, 
as well as Order No. 10, and to ask the parties for briefing on the 
issues on review and on remedy, public interest and bonding. The 
parties submitted their initial and reply briefs on December 12 and 
December 22, 2006, respectively.
    By notice of January 19, 2007, the Commission requested briefing on 
whether this investigation has become or will shortly become moot, and 
if so, whether the investigation should be terminated. The parties 
submitted briefing on January 26, 2007.
    The Commission has determined to remand the final ID to the ALJ and 
to extend the target date for completion of the investigation by eight 
months to October 19, 2007.
    This action is taken under the authority of section 337 of the 
Tariff Act

[[Page 8792]]

of 1930, as amended (19 U.S.C. 1337), and in sections 210.45(c), 
210.51(a) of the Commission's Rules of Practice and Procedure (19 CFR 
210.45(c), 210.51(a)).

    By order of the Commission.

    Issued: February 21, 2007.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E7-3390 Filed 2-26-07; 8:45 am]
BILLING CODE 7020-02-P