On March 11, 2014, Chief ALJ Charles E. Bullock issued Order No. 14 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 and December 2, 2013 posts for more details on the complaint and Notice of Investigation, respectively.
According to the Order, a joint motion was filed by BTG and Veteria Labs SA de CV and BioVeteria Life Sciences, LLC (collectively “Veteria”) to terminate the investigation as to Veteria based on withdrawal of BTG’s complaint as to Veteria. In support of the motion, BTG and Veteria identified a term sheet, agreement to terminate the investigation, and a non-disclosure agreement and contended that these agreements did not rise to the level of a settlement agreement under Commission Rule 210.21(b)(1). The Commission Investigative Staff supported the motion. Respondents Instituto Bioclon S.A. de C.V., Laboratorios Silanes SA de CV and Rare Disease Therapeutics, Inc. (collectively, the “Silanes Respondents”) opposed the motion and argued, inter alia, that they should be able to review unredacted versions of the various agreements between BTG and Veteria since those agreements directly impact claims in the investigation. ALJ Bullock granted the joint motion and agreed with BTG and Veteria that limited service of the agreements (i.e., no service to the Silanes Respondents) was appropriate since “the information not disclosed to the non-settling Respondents does not appear to be relevant to their defenses in this Investigation.”