Tuesday, May 09, 2006
Novo Nordisk Files Unfair Import Complaint Against Sanofi Aventis
On May 8, 2006, Novo Nordisk filed a "Section 337" complaint at the U.S. International Trade Commission requesting that an unfair import investigation be instituted involving "Insulin Delivery Devices, Including Cartridges Having Adaptor Tops, and Components Thereof." The complaint has been designated as Docket No. 337-2483 for indexing in the Commission's database. The proposed respondent(s) are: Sanofi-Aventis Deutschland GmbH, Frankfurt am Main, Germany, Sanofi-Aventis, Paris, Cedex France and Aventis Pharmaceuticals, Inc., Bridgwater, New Jersey.
Such complaints typically include an allegation of intellectual property infringement and a request that the infringing godds be excluded from entry into the United States. The Commission now has 30-35 days from the filing date of the complaints in which to decide whether to institute the investigation. Upon institution, the proposed respondent will be served with the Complaint via postal mail and an Administrative Law Judge will schedule discovery, conduct a trial, and issue a written "Initial Determination," usually within about 10 months. Due to the expedited nature of these proceedings, and availability of general exclusion orders affecting non-parties, it is important to notify any potential importers of similar products as soon as possible.
Click here for more information on the importance of monitoring these ITC investigations, and click here for an audio-visual Internet presentation on "Unfair Import Investigations at the U.S. International Trade Commission."
Rodney D. Ryder