On August 8, 2017, the U.S. International Trade Commission (“Commission”) issued a press release announcing their vote to institute an investigation of Certain Recombinant Factor IX Products (Inv. No. 337-TA-1066).

By way of background, this investigation is based on a July 7, 2017 complaint filed by Bioverativ Inc., Bioverativ Therapeutics Inc., and Bioverativ U.S. LLC (collectively, “Bioverativ”)—all of Waltham, Massachusetts—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 of certain recombinant Factor IX products that infringe one or more claims of U.S. Patent Nos. 9,670,475; 9,623,091; and 9,629,903. See our July 17, 2017 post for more details on the complaint.

According to the Notice of Investigation, the Commission has identified CSL Behring LLC of King of Prussia, Pennsylvania, CSL Behring GmbH of Germany, and CSL Behring Recombinant Facility AG of Switzerland as the respondents in this matter.

Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that Dee Lord will be the presiding Administrative Law Judge in this matter.