[Federal Register Volume 62, Number 210 (Thursday, October 30, 1997)]
[Notices]
[Pages 58746-58747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28811]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-370]


In the Matter of Certain Salinomycin Biomass and Preparations 
Containing Same; Notice of Commission Hearing

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 hold a public hearing in the above-
captioned investigation to allow parties to present oral argument on 
the recommendation of the presiding administrative law judge (ALJ) that 
the Commission order monetary sanctions.

FOR FURTHER INFORMATION CONTACT: Jean H. Jackson, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
S.W., Washington, D.C. 20436, telephone 202-205-3104.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on February 6, 1995, based on a complaint filed by Kaken Pharmaceutical 
Co. Inc. (Kaken). On November 6, 1995, the ALJ issued his final initial 
determination (ID) in this investigation, finding no violation of 
section 337 of the Tariff Act of 1930, 19 U.S.C. Sec. 1337, by 
respondents Hoechst Aktiengesellschaft, Hoechst Veterinar GmbH, and 
Hoechst-Roussel Agri-Vet Co. (collectively, Hoechst). His determination 
was based on his findings that the patent at issue was invalid for 
failure to disclose the best mode of operation and unenforceable due to 
inequitable conduct during prosecution of the patent. The ALJ's ID was 
not reviewed by the Commission and was ultimately upheld on appeal, 
Kaken Pharmaceutical Co. v. USITC, Appeal Nos. 96-1300-1302, 
nonprecedential opinion dated March 31, 1997.
    On January 19, 1996, Hoechst filed a motion for sanctions against 
Kaken, which the Commission referred to the presiding ALJ for issuance 
of a recommended determination (RD). Hoechst's motion alleged, inter 
alia, that Kaken committed sanctionable conduct by filing a complaint 
totally lacking in merit. On May 14, 1997, the ALJ issued his RD in 
which he recommended that the Commission impose on Kaken and its 
attorneys joint and several liability for an amount of money equal to 
double the entire attorneys' fees and costs of the Hoechst respondents 
incurred in both the section 337 investigation on the merits and in the 
proceedings on sanctions. All parties filed comments on the RD. On 
August 8, 1997, Kaken and its attorneys requested leave to file a reply 
to Hoechst's comments and an opportunity for oral argument before the 
Commission. Hoechst and the Commission investigative attorney (IA) 
opposed the motion to file a reply brief, but agreed to the request for 
oral argument if the Commission believed oral argument would be useful 
in determining whether a sanction should issue, and if so, what the 
sanction should be. On August 29, 1997, Hoechst filed a motion to file 
a surreply in the event that the Commission granted Kaken's motion to 
file a reply. On September 11, 1997, Kaken and its attorneys responded 
that they had no objection to Hoechst's motion to file a surreply if 
the Commission also granted leave for Kaken and its attorneys to file 
their reply.

Commission Hearing

    The Commission will hold a public hearing on Wednesday, December 
10, 1997, in its main hearing room, 500 E Street, S.W., Washington, 
D.C., beginning at 9:30 a.m. The hearing will be limited to the issues 
raised by the presiding ALJ's recommendation on sanctions, dated May 
14, 1997. The order and time limits for presentations shall be as 
follows:

Kaken and its attorneys--30 minutes.
The Office of Unfair Import Investigations--30 minutes.
Hoechst--30 minutes.

These time limits shall be exclusive of questioning by the Commission. 
Kaken and its attorneys and the IA may set aside part of their times 
for rebuttal. The hearing will be open to the public.

Notices of Appearance

    Written requests to appear at the Commission hearing must be filed 
with the Office of the Secretary by December 2, 1997.

[[Page 58747]]

    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. Sec. 1337 and Commission rule 210.25, 19 
C.F.R. Sec. 210.25.
    Hearing-impaired persons are advised that information on this 
matter can be obtained by contacting the Commission's TDD terminal on 
202-205-1810.

    By order of the Commission.

    Issued: October 24, 1997.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-28811 Filed 10-29-97; 8:45 am]
BILLING CODE 7020-02-P