Notice2023-10078
Certain Liquid Transfer Devices With an Integral Vial Adapter; Institution of Investigation
Primary source
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Published
May 11, 2023
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on April 6, 2023, under section 337 of the Tariff Act of 1930, as amended, on behalf of West Pharmaceutical Services, Inc. of Exton, Pennsylvania and West Pharma. Services IL, Ltd. of Ra'anana, Israel. A supplement to the complaint was filed on April 21, 2023. The complaint, as supplemented, 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 liquid transfer devices with an integral vial adapter by reason of the infringement of: (1) certain claims of U.S. Patent No. 10,688,295 ("the '295 patent"); U.S. Design Patent No. D767,124 ("the D'124 patent"), U.S. Design Patent No. D765,837 ("the D'837 patent"), and U.S. Design Patent No. D630,732 ("the D'732 patent"); and (2) U.S. Trademark Registration No. 5,810,583 ("the '583 mark"). The complaint further alleges that an industry in the United States exists or is in the process of being established as required by the applicable Federal Statute. The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
Full Text
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<title>Federal Register, Volume 88 Issue 91 (Thursday, May 11, 2023)</title>
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[Federal Register Volume 88, Number 91 (Thursday, May 11, 2023)]
[Notices]
[Pages 30342-30343]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10078]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1362]
Certain Liquid Transfer Devices With an Integral Vial Adapter;
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 April 6, 2023, under section 337
of the Tariff Act of 1930, as amended, on behalf of West Pharmaceutical
Services, Inc. of Exton, Pennsylvania and West Pharma. Services IL,
Ltd. of Ra'anana, Israel. A supplement to the complaint was filed on
April 21, 2023. The complaint, as supplemented, 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 liquid transfer devices with an integral vial
adapter by reason of the infringement of: (1) certain claims of U.S.
Patent No. 10,688,295 (``the '295 patent''); U.S. Design Patent No.
D767,124 (``the D'124 patent''), U.S. Design Patent No. D765,837 (``the
D'837 patent''), and U.S. Design Patent No. D630,732 (``the D'732
patent''); and (2) U.S. Trademark Registration No. 5,810,583 (``the
'583 mark''). The complaint further alleges that an industry in the
United States exists or is in the process of being established as
required by the applicable Federal Statute. The complainants request
that the Commission institute an investigation and, after the
investigation, issue a limited exclusion order and cease and desist
orders.
ADDRESSES: The complaint, except for any confidential information
contained therein, may be viewed on the Commission's electronic docket
(EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#8acfcec3d9b9c2efe6facafff9e3fee9a4ede5fc"><span class="__cf_email__" data-cfemail="a0e5e4e9f393e8c5ccd0e0d5d3c9d4c38ec7cfd6">[email protected]</span></a>. 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 <a href="https://www.usitc.gov">https://www.usitc.gov</a>.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, 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 (2023).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on May 5, 2023, ordered that--
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of
1930, as amended,
(a) 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 claim 1 of
the '295 patent; the claim of the D'124 patent; the claim of the D'837
patent; the claim of the D'732 patent, and whether an industry in the
United States exists or is in the process of being established as
required by subsection (a)(2) of section 337; and
(b) an investigation be instituted to determine whether there is a
violation of subsection (a)(1)(C) 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 the '583 mark, and whether
an industry in the United States exists or 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 ``liquid transfer
devices that have a trifurcated connector body, with one end including
an integral vial adapter, and wherein the integral vial adapter has a
diameter of 13mm or 20mm and may only be used with a vial'';
(3) 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 complainants are:
West Pharmaceutical Services, Inc., 530 Herman O. West Drive, Exton, PA
19341, West Pharma. Services IL, Ltd., 4 Hasheizaf St., Ra'anana
4366411, Israel
(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:
Advcare Medical, Inc., No. 36, Sinsing St., Shulin District, New Taipei
City, Taiwan 23877
Dragon Heart Medical Devices Co., Ltd., 28 Ruliang Road, Baihe Town,
Kaiping City, Guangdong Province, China 529375
Dragon Heart Medical, Inc., 901 South Rohlwing Rd., Unit H, Addison, IL
60101
Summit International Medical, Technologies, Inc., 101 Constitution
Blvd., Franklin, MA 02038
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) 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 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(e) and 210.13(a), as amended in 85 FR 15798
(March 19, 2020), such responses will be considered by the Commission
if received not later than 20 days after the date of service by the
complainants 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
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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 an exclusion order or a cease and desist order or both directed
against the respondent.
By order of the Commission.
Issued: May 8, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-10078 Filed 5-10-23; 8:45 am]
BILLING CODE 7020-02-P
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