U.S. International Trade Commission.
Institution of investigation pursuant to 19 U.S.C. 1337.
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 29, 2003 under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Pfizer, Inc. of New York, New York. A supplement to the complaint was filed on February 27, 2003. 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 sildenafil or any pharmaceutically acceptable salt thereof, such as sildenafil citrate, and products containing same by reason of infringement of claims 1-5 of U.S. Patent No. 5,250,534. The complaint further alleges that there exists an industry in the United States 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 general exclusion order and permanent cease and desist orders.
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.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Thomas S. Fusco, Esq., Office of Unfair Start Printed Page 10750Import Investigations, U.S. International Trade Commission, telephone 202-205-2571.
Planet Pharmacy, 13.5 Miles Northern Highway, Burrell Boom Cutoff, Ladyville, Belize
LTMC, Ltd., Tumkin 9, Tel Aviv, Israel 99999
Investment and Future Development Corp. SA, Calle Las Acacias, Regina, Diriamba, Nicaragua
Aleppo Pharmaceutical Industries, Baron Street, P.O. Box 517, Aleppo, Syria
Biovea, 56 Gloucester Road, Suite 524, Kensington, London SW7 4UB, England
#1 Aabaaca Viagra LLC, 350 South Center, Reno, NV 99502
Ezee Soulnature Healthcare Pvt. Ltd., J-195 Saket, New Delhi 110017, India
Zhejiang Medicines & Health Products Import & Export Co. Ltd., ZMC Building, 101-2 N. Zhongsan Road, Hangzhou, 310003, China
Jiangxi Jilin Chemical Corp. Ltd., Jingxi Dingfen Street 346 fl., Nanchang, Fujian 2564892, China
Tianjin Shuaike Chemical Co. Ltd., PO Box 4618, Yangliuqing, Xiqing District, Tianjin 300380, China
Lianyungang Foreign Trade Corp., Foreign Trade Bldg., No. 9 East Hailan Rd., Xinpu, Lianyungang, Jiangsu, China
Sino Health Care Company of Sichuan, 2-5# 10th Building, Qingyang Dong 1 lu., Chengdu, Sichuan 610072, China
China Jingsu International, 37 Hua Qiao Road, Nanjing 210029, China
Yiho Export & Import Co. Ltd., Nanjing Office, Rm. 302, No. 43-1 Qingliang Xincum, Nanjing, 210029, China
EBC Corporation, 701 Renner Road, Wilmington, DE 19810
(c) Thomas S. Fusco, Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Room 401-E, Washington, DC 20436, who shall be the Commission investigative attorney, party to this investigation; 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 no later than 20 days after the date of service by the Commission of the complaint and notice of investigation. Extensions of time for submitting responses to the complaint 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 both an initial determination and a final determination containing such findings, and may result in the issuance of a limited exclusion order or a cease and desist order or both directed against such respondent.Start Signature
Issued: March 3, 2003.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-5332 Filed 3-5-03; 8:45 am]
BILLING CODE 7020-02-P