[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Notices]
[Pages 2439-2440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00509]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1189]
Certain Dissolving Microneedle Patches for Cosmetic and
Pharmaceutical Use; Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on November 21, 2019, under section
337 of the Tariff Act of 1930, as amended, on behalf of TheraJect, Inc.
of Fremont, California. Supplements were filed on November 27 and
December 2, 2019. A first amended complaint was filed on December 10,
2019, and a second amended complaint was filed on December 19, 2019.
The second amended 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
dissolving microneedle patches for cosmetic and pharmaceutical use by
reason of infringement of certain claims of U.S. Patent No. 6,945,952
(``the '952 patent''). The second amended complaint further alleges
that an industry in the United States is in the process of being
established as required by the applicable Federal Statute.
The second amended complaint requests that the Commission institute
an investigation and, after the investigation, issue a limited
exclusion order and a cease and desist order. Addresses: The second
amended 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 https://www.usitc.gov. The
public record for this investigation may be viewed on the Commission's
electronic docket (EDIS) at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION:
Authority: The authority for institution of this investigation is
contained in section 337 of the Tariff Act of 1930, as amended, 19
U.S.C. 1337, and in section 210.10 of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10 (2019).
Scope of Investigation: Having considered the second amended
complaint, the U.S. International Trade Commission, on January 9, 2020,
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 products
identified in paragraph (2) by reason of infringement of one or more of
claims 1-13 of the '952 patent; and whether an industry in the United
States is in the process of being established as required by subsection
(a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``dissolving
microneedle patch[es]'';
(3) Pursuant to section 210.10(b)(3) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(3), the presiding
Administrative Law Judge shall hold an early evidentiary hearing, find
facts, and issue an early decision, within 100 days of institution
except for good cause shown, as to whether the complainant has
satisfied the economic prong of the domestic industry requirement.
Notwithstanding any Commission Rules to the contrary, which are hereby
waived, any such decision should be issued in the form of an initial
determination (ID) under Commission Rule 210.42(a)(3), 19 CFR
210.42(a)(3). The ID will become the Commission's final determination
30 days after the date of service of the ID unless the Commission
determines to review the ID. Any such review will be conducted in
accordance with Commission Rules 210.43, 210.44, and 210.45, 19 CFR
210.43, 210.44, and 210.45. The issuance of an early ID finding that
the complainant does not satisfy the economic prong of the domestic
industry requirement shall stay the investigation unless the Commission
orders otherwise; any other decision shall not stay the investigation
or delay the issuance of a final ID covering the other issues of the
investigation;
(4) 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: TheraJect, Inc., 39270 Paseo Padre #112,
Fremont, CA 94538.
(b) The respondent is the following entity alleged to be in
violation of section 337, and is the party upon which the second
amended complaint is to be served: Raphas Co., Ltd, (07793) 62,
Magokjingang 8-ro-1-gil, Gangseo-gu, Seoul, Republic of Korea.
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(5) For the investigation so instituted, the Chief Administrative
Law Judge, U.S. International Trade Commission, shall designate the
presiding Administrative Law Judge.
Responses to the second amended complaint and the notice of
investigation must be submitted by the named respondent 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(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
[[Page 2440]]
second amended complaint and the notice of investigation. Extensions of
time for submitting responses to the second amended 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 second amended complaint and in this notice may be
deemed to constitute a waiver of the right to appear and contest the
allegations of the second amended 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 second amended 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: January 10, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-00509 Filed 1-14-20; 8:45 am]
BILLING CODE 7020-02-P