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`Washington, D.C.
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`INV. NO. 337-TA-1207
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`In the Matter of
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`CERTAIN PRE-FILLED SYRINGES FOR
`INTRAVITREAL INJECTION AND
`COMPONENTS THEREOF
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`ORDER NO. 33:
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`INITIAL DETERMINATION TERMINATING THE
`INVESTIGATION
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`(April 8, 2021)
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`On April 8, 2021, complainants Novartis Pharma AG, Novartis Pharmaceuticals
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`Corporation, and Novartis Technology LLC (collectively, “Novartis”) moved to terminate this
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`investigation in its entirety based on withdrawal of the complaint. Motion Docket No. 1207-031.
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`Neither respondent Regeneron Pharmaceuticals, Inc., nor the Commission Investigative Staff
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`opposes the requested relief. Mot. at 1.
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`Commission Rule 210.21(a)(1) provides, in relevant part:
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`Any party may move at any time prior to the issuance of an initial
`determination on violation of section 337 of the Tariff Act of 1930 to
`terminate an investigation in whole or in part as to any or all respondents,
`on the basis of withdrawal of the complaint or certain allegations contained
`therein. . . . A motion for termination of an investigation based on
`withdrawal of the complaint . . . shall contain a statement that there are no
`agreements, written or oral, express or implied between the parties
`concerning the subject matter of the investigation, or if there are any
`agreements concerning the subject matter of the investigation, all such
`agreements shall be identified, and if written, a copy shall be filed with the
`Commission along with the motion.
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`19 C.F.R.§ 210.21(a)(1).
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`Regeneron Exhibit 1010.001
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`I find that the pending motion for termination of this investigation based on withdrawal of
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`the complaint complies with the Commission Rules. Specifically, the motion was made before the
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`issuance of any initial determination on violation of section 337, and Novartis states that “there
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`are no agreements, written or oral, express or implied, by or between the private parties concerning
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`the subject matter of this Investigation (i.e., there are no settlement agreements, licenses, or any
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`other such agreements).” Mot. at 4. In addition, there are no extraordinary circumstances that
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`warrant denying the motion.
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`Accordingly, it is my initial determination that Motion No. 1207-031 is granted. This
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`investigation is hereby terminated in its entirety. All motions that remain pending in this
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`investigation, including Motion Nos. 1207-025 to -030, are denied as moot. In addition, the
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`procedural schedule issued as Order No. 20 on December 10, 2020, is suspended pending a final
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`resolution of Novartis’s motion to terminate the investigation. This initial determination, along
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`with supporting documentation, is hereby certified to the Commission.
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`Pursuant to 19 C.F.R. § 210.42(h), this initial determination shall become the determination
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`of the Commission unless a party files a petition for review of the initial determination pursuant
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`to 19 C.F.R. § 210.43(a), or the Commission, pursuant to 19 C.F.R. § 210.44, orders on its own
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`motion a review of the initial determination or certain issues herein.
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`SO ORDERED.
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`2
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`Regeneron Exhibit 1010.002
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`CERTAIN PRE-FILLED SYRINGES
`FOR INTRAVITREAL INJECTION
`AND COMPONENTS THEREOF
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`Inv. No. 337-TA-1207
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`PUBLIC CERTIFICATE OF SERVICE
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`I, Lisa R. Barton, hereby certify that the attached INITIAL DETERMINATION has
`been served via EDIS upon the Commission Investigative Attorney, W. Peter Guarnieri, Esq.,
`and the following parties as indicated, on April 8, 2021.
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`On Behalf of Complainants Novartis Pharma AG, Novartis
`Pharmaceuticals Corporation, and Novartis Technology LLC:
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`Elizabeth J. Holland, Esq.
`GOODWIN PROCTER LLP
`The New York Times Building
`620 Eighth Avenue
`New York, NY 10018
`Email: EHolland@goodwinlaw.com
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`On Behalf of Respondent Regeneron Pharmaceuticals, Inc.:
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`Anish R. Desai, Esq.
`WEIL, GOTSHAL & MANGES LLP
`767 5th Avenue
`New York, NY 10153
`Email: anish.desai@weil.com
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`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
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`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
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`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
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`Regeneron Exhibit 1010.003
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