November 29, 2013
News Release 13-121
Inv. No. 337-TA-903
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
OF CERTAIN ANTIVENOM COMPOSITIONS AND PRODUCTS CONTAINING THE SAME
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain antivenom compositions and products containing the same. The products at issue in this investigation are Antivipmyn, Anavip and an antivenom product labeled "Antivenin- Bothrops asper and Crotalus durissus."
The investigation is based on a complaint filed by BTG International Inc., of West Conshohocken, PA, on October 30, 2013. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain antivenom compositions and products containing the same that infringe a patent asserted by BTG. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Veteria Laboratories of Juarez C.P., Mexico D.F.;
BioVeteria Life Sciences, LLC, of Prescott, AZ;
Instituto Bioclon S.A. de C.V. of Tlalpan, Cuidad De Mexico D.F.;
Laboratorios Silanes SA de CV of Co. Del. Valle, Mexico D.F., C.P.;
The Silanes Group of Col. Del. Valle, Mexico D.F., C.P.; and
Rare Disease Therapeutics, Inc., of Franklin, TN.
By instituting this investigation (337-TA-903), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ 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.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC 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.