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Archived updates for Tuesday, April 12, 2005

Lilly Requests Investigation of Tadalafil Imports

On April 8, 2005, Lilly ICOS LLC filed a "Section 337" complaint at the U.S. International Trade Commission requesting that an unfair import investigation be instituted for "Tadalafil,"a phosphodiesterase inhibitor similar to sildenafil (Viagra) and vardenafil (Levitra) which is marketed as "Cialis" in the U.S.

The proposed respondents are Pharmacy4U.US, New York; Santovittorio Holdings Ltd d/b/a Inhousepharmacy.Co.UK, Panama; Expressgeneric, India; JNC Worldwide, Inc., New York; STOP4RX, Haiti; Cutprice Pills, Arizona; Allpills.US, CA; Generic Cialis Pharmacy, Nicaragua; Generic Cialis Pharmacy, Nicaragua; RX Mex-Com, S.A. de C.V., Mexico; Budget Medicines Pty, Ltd., Australia; WWW.NUDEWFDS.INFO, LA; and Airex Delivery Systems, NJ.

The complaint has been designated as confidential and assigned Docket No. 2424 for indexing in the Commission's database. The Commission now has 30-35 days from the filing date of the complaint in which to decide whether to institute the investigation. Upon institution, the proposed respondent will be served with the Complaint via postal mail and an Administrative Law Judge will schedule discovery, conduct a trial, and issue a written "Initial Determination," usually within about 10 months. Due to the expedited nature of these proceedings, and availability of general exclusion orders affecting non-parties, it is important to notify any potential importers of similar products as soon as possible.

Click here for more information on the importance of monitoring these ITC investigations, such as by subscribing to the free "I/P Updates" news service at http://ip-updates.blogspot.com/. And click here for a free audio-visual Internet presentation on "Unfair Import Investigations at the U.S. International Trade Commission."

For the latest details on a particular Section 337 investigation, or to arrange a free, in-person presentation on these (and/or other) intellectual property topics, contact Bill Heinze (Bill.Heinze@tkhr.com), at Thomas, Kayden, Horstemeyer & Risley in Atlanta, Georgia.
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2 Comments:

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August 12, 2005 9:46 AM  
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