On August 31, 2016 ALJ MaryJoan McNamara issued Order No. 5 in Certain Potassium Chloride Powder Products (Inv. No. 337-TA-1013).
By way of background, this investigation is based on a complaint filed by Lehigh Valley Technologies, Inc., Endo Global Ventures, Endo Ventures Ltd., and Generics Bidco I, LLC d/b/a Qualitest Pharmaceuticals and Par Pharmaceutical alleging violation of Section 337 by way of unlawful importation into the U.S., selling for importation, and/or selling within the U.S. after importation certain potassium chloride powder products that are allegedly not approved by the U.S. Food and Drug Administration, and unfairly competing with Complainants through the false and misleading packaging, marketing, promotion, distribution, and sale of the Respondents’ unapproved potassium chloride powder products. See our June 15, 2016 post for more details on the complaint and our July 22, 2016 post for more details on the complaint and Notice of Investigation, respectively.
According to Order No. 5, ALJ McNamara set the procedural schedule for the investigation. Specifically, ALJ McNamara determined that the evidentiary hearing in this investigation will commence on February 9, 2017; any final initial determination should be filed no later than April 27, 2017; and the target date for completing the investigation is August 27, 2017 (which is approximately thirteen months after institution of the investigation).