ALJ Rogers denied a Motion for Presumption of Infringement Under 35 U.S.C. § 295 filed by Eli Lilly & Company (“Lilly”) in Inv. No. 337-TA-766, Certain Gemcitabine and Products Containing the Same. ALJ Rogers rejected Respondents Jiangsu Hansoh Pharmaceutical Co., Ltd.; Chemwerth, Inc. and Hospira, Inc.’s argument that § 295 is not applicable in the ITC, but nevertheless denied Lilly’s motion finding that it had not met the requirement that it follow all avenues of discovery likely to uncover Hansoh’s process before a presumption of infringement can be granted. The Court also denied Lilly’s motion to inspect Hansoh’s manufacturing facilities, but granted Lilly’s motion to compel forensic testing of Hansoh’s original batch records.