By Eric Schweibenz
On March 11, 2016, ALJ Dee Lord issued Order No. 42 in Certain Recombinant Factor VIII Products (Inv. No. 337-TA-956).

By way of background, this investigation is based on an April 16, 2015 complaint filed by Baxter International Inc., Baxter Healthcare Corp., and Baxter Healthcare SA alleging violation of Section 337 in the importation into the U.S. and sale of certain recombinant factor VIII products that infringe one or more claims of U.S. Patent Nos. 6,100,061; 6,936,441; and 8,084,252.  See our April 17, 2015 and May 19, 2015 posts for more details on the complaint and Notice of Investigation, respectively.

According to Order No. 42, ALJ Lord ordered the parties to present oral argument at the conclusion of the evidentiary hearing to “aid the Administrative Law Judge in deciding the issues of domestic industry (economic prong) and the interpretation of the ‘selective pressure’ limitation of the ‘252 patent...”  Additionally, ALJ Lord determined to allow the parties “at least two hours for these oral arguments on the last day of the hearing, which may be allocated between the two issues as appropriate” and further noted that the “evidence discussed in these arguments shall be limited to exhibits that are in the record, and any demonstratives that will be used shall be exchanged in advance.”