ITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN MODIFIED VACCINIA ANKARA ("MVA") VIRUSES AND VACCINES
AND PHARMACEUTICAL COMPOSITIONS BASED THERON
The U.S. International Trade Commission (ITC) has voted to institute an investigation of certain Modified Vaccinia Ankara ("MVA") viruses and vaccines and pharmaceutical compositions based thereon. The products at issue in this investigation are viruses that can be used to produce a vaccine against smallpox, as well as the vaccine itself.
The investigation is based on a complaint filed by Bavarian Nordic A/S of Denmark on August 19, 2005, alleging violations of section 337 of the Tariff Act of 1930 in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain Modified Vaccinia Ankara ("MVA") viruses and vaccines and pharmaceutical compositions based thereon that 1) infringe patents owned by Bavarian Nordic A/S and 2) were made using trade secrets belonging to Bavarian Nordic A/S. The complainant requests that the ITC issue a permanent exclusion order and permanent cease and desist orders.
The ITC has identified Acambis Plc of the United Kingdom as the respondent in this investigation.
By instituting this investigation (337-TA-550), the ITC has not yet made any decision on the merits of the case. The case will be referred to the Honorable Robert L. Barton, Jr., ITC administrative law judge, who will schedule and hold an evidentiary hearing. Judge Barton will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission. In addition, the Commission has authorized Judge Barton to take evidence and make findings regarding the public interest.
The ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.