By Eric Schweibenz
On March 17, 2011, the U.S. International Trade Commission issued a press release announcing that it voted to institute an investigation of Certain Gemcitabine and Products Containing Same (Inv. No. 337-TA-766).

The investigation is based on a January 20, 2011 complaint and February 9 and 16 letters supplementing the complaint filed by Eli Lilly and Company of Indianapolis, Indiana alleging violation of Section 337 in the importation into the U.S. and sale of certain gemcitabine and products containing same that infringe U.S. Patent No. 5,606,048.  See our January 24, 2011 post for more details.

According to the Notice of Investigation, the ITC has identified Jiangsu Hansoh Pharmaceutical Co., Ltd. of China, Intas Pharmaceuticals Ltd. of India, ChemWerth, Inc. of Woodbridge, Connecticut, and Hospira, Inc. of Lake Forest, Illinois as the respondents in this investigation.

Lastly, Chief ALJ Paul J. Luckern issued a notice indicating that Robert K. Rogers, Jr. will be the presiding Administrative Law Judge in this investigation.