8790 Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Notices 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–572] 

In the Matter of Certain Insulin Delivery 

Devices Including Cartridges Having 

Adaptor Tops and Components 

Thereof; Notice of a Commission 

Determination Not To Review an Initial 

Determination Terminating the 

Investigation in Its Entirety Based 

Upon Withdrawal of the Complaint 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has determined not to 

review an initial determination (‘‘ID’’) of 

the presiding administrative law judge 

(‘‘ALJ’’) in the above-captioned 

investigation terminating the abovecaptioned investigation as to all 

respondents based on withdrawal of the 

complaint. 

FOR FURTHER INFORMATION CONTACT: 

Michael K. Haldenstein, Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

205–3041. 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, 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: The 

Commission instituted this investigation 

on June 9, 2006, based on a complaint 

filed by Novo Nordisk A/S of Denmark, 

Novo Nordisk Inc., of New Jersey and 

Novo Nordisk Pharmaceuticals 

Industries, Inc. of North Carolina. 71 FR 

33484 (June 9, 2006). The complaint, as 

supplemented, 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 insulin 

delivery devices, including cartridges 

having adaptor tops, and components 

thereof, by reason of infringement of 

claims 1–3, 5–7, 11, 18, and 19 of U.S. 

Patent 5,693,027. The complaint further 

alleged that an industry in the United 

States exists or is in the process of being 

established as required by subsection 

(a)(2) of section 337. The complainants 

requested that the Commission issue a 

limited exclusion order and cease and 

desist order. The Commission named 

three companies as respondents: SanofiAventis Deutschland GmbH of 

Germany, Sanofi-Aventis of France, and 

Aventis Pharmaceuticals, Inc. of New 

Jersey. The ALJ set August 23, 2007 as 

the target date for completion of the 

investigation. 

On October 5, 2006, complainants 

filed a motion to withdraw the 

complaint and terminate the 

investigation as to all parties. The three 

respondents filed a response to the 

motion on October 13, 2006, arguing 

that while they did not oppose 

termination of the investigation, 

sanctions and termination with 

prejudice were appropriate. The 

Commission investigative attorney 

supported the motion for termination of 

the investigation and opposed 

imposition of sanctions and termination 

of the investigation with prejudice. 

On January 29, 2007, the ALJ issued 

the subject ID (Order No. 6) granting 

complainants’ motion to terminate the 

investigation without prejudice based 

upon withdrawal of the complaint. No 

petitions for review of the ID were filed. 

The Commission has determined not to 

review this ID. 

This action is taken under the 

authority of section 337 of the Tariff Act 

of 1930, as amended, 19 U.S.C. 1337, 

and Commission rules 210.21 and 

210.42, 19 CFR 210.21 and 210.42. 

By order of the Commission. 

Issued: February 21, 2007. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E7–3393 Filed 2–26–07; 8:45 am] 

BILLING CODE 7020–02–P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–594] 

In the Matter of Certain Lighting 

Products, Components Thereof, and 

Products Containing the Same; 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 

January 23, 2007, under section 337 of 

the Tariff Act of 1930, as amended, 19 

U.S.C. 1337, on behalf of Cooper 

Lighting, Inc. of Peachtree City, GA. A 

supplement to the complaint was filed 

on February 9, 2007. The complaint, as 

supplemented, 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 lighting 

products, components thereof, and 

products containing the same by reason 

of infringement of certain claims of U.S. 

Patent Nos. 6,082,878 and 5,662,413. 

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 a 

permanent exclusion order and a 

permanent cease and desist order. 

ADDRESSES: The complaint and 

supplement, except for any confidential 

information contained therein, are 

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: 

Bryan F. Moore, Esq., Office of Unfair 

Import Investigations, U.S. International 

Trade Commission, telephone (202) 

205–2767. 

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 

(2006). 

Scope of Investigation: Having 

considered the complaint, the U.S. 

International Trade Commission, on 

February 21, 2007, ordered that—


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Federal Register / Vol. 72, No. 38 / Tuesday, February 27, 2007 / Notices 8791 

(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 lighting products, 

components thereof, and products 

containing the same by reason of 

infringement of one or more of claims 

23, 26, and 27 of U.S. Patent No. 

6,082,878, and claims 1 and 7 of U.S. 

Patent No. 5,662,413, 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—Cooper 

Lighting, Inc., 1121 Highway 74 South, 

Peachtree City, GA 30269. 

(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: 

Cordelia Lighting, Inc., 20101 South 

Santa Fe Avenue, Rancho Dominguez, 

CA 90221. 

Jimway, Inc., 20101 South Santa Fe 

Avenue, Rancho Dominguez, CA 

90221. 

(c) The Commission investigative 

attorney, party to this investigation, is 

Bryan F. Moore, Esq., Office of Unfair 

Import Investigations, U.S. International 

Trade Commission, 500 E Street, SW., 

Room 401–I, Washington, DC 20436; 

and 

(3) For the investigation so instituted, 

the Honorable Charles E. Bullock is 

designated as 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) 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 

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 a limited exclusion order or 

cease and desist order or both directed 

against the respondent. 

Issued: February 21, 2007. 

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. E7–3364 Filed 2–26–07; 8:45 am] 

BILLING CODE 7020–02–P 

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. 

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 


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