On March 11, 2014, Chief ALJ Charles E. Bullock issued Order No. 12 in Certain Antivenom Compositions and Products Containing the Same (Inv. No. 337-TA-903).
By way of background, the investigation is based on an October 20, 2013 complaint filed by BTG International Inc. (“BTG”) alleging violations of Section 337 in the importation into the U.S. and sale of certain antivenom compositions and products containing the same that infringe one or more claims of U.S. Patent No. 8,048,414. See our November 1, 2013 post for more details on the complaint. According to the Notice of Investigation, the Commission has identified a number of entities as the respondents in this investigation, including BioVeteria Life Sciences, Instituto Bioclon S.A. de C.V., Laboratories Silanes SA de CV and Rare Disease Therapeutics, Inc. (collectively, the “Movants”). See our December 2, 2013 post for more details on the Notice of Investigation.
In the Order, ALJ Bullock denied a motion filed by the Movants for summary determination of no violation. According to the Order, BTG and the Commission Investigative Staff opposed the motion. ALJ Bullock determined that genuine issues of material facts remain and thus good cause did not exist to grant the motion in lieu of a trial of all issues on the merits.