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Archived updates for Monday, August 22, 2005

Bavarian Nordic Requests Investigation of Imports by Acambis

On August 19, 2005, Bavarian Nordic A/S of Denmark, Texas filed a "Section 337" unfair import complaint at the U.S. International Trade Commission requesting that an unfair import investigation be instituted involving "Certain Modified Vaccinia Ankara Viruses." The proposed respondent Acambis Plc of the United Kingdom.

The complaint has been designated as confidential and assigned Docket No. 337-2444 for indexing in the Commission's database. However, such complaints typically involve allegations of intellectual property infringement.

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, 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 (, at Thomas, Kayden, Horstemeyer & Risley in Atlanta, Georgia.
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