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IPR Infringement Probe of Drug Used to Treat Hemophilia Expanded

Wednesday, October 14, 2015
Sandler, Travis & Rosenberg Trade Report

In patent infringement investigation 337-TA-956 of certain recombinant factor VIII products, the International Trade Commission has approved the addition of Baxalta Inc. of Deerfield, Ill., Baxalta US Inc. of Deerfield, Ill., and Baxalta GmbH of Switzerland as complainants. The ITC states that this change will not prejudice the parties to this investigation because (1) they have been aware of a corporate transition involving Baxter and the Baxalta entities since the service of the complaint and the notice of investigation and (2) Baxter has been responding to discovery requests as though they were directed to Baxter and the Baxalta entities and will continue to do so.

The products at issue in this investigation are used to treat patients with hemophilia A. The complainants have requested that after this investigation the ITC issue a limited exclusion order, which would direct U.S. Customs and Border Protection to prohibit the entry of infringing products into the U.S., and cease and desist orders, which would require the named respondents to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. The respondents in this investigation are located in Denmark and the U.S.

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