This month’s International Trade Commission wrap-up focuses on the circumstances in which a complainant can amend its complaint.
In particular, on November 2, 2023, Administrative Law Judge Moore denied a complainant’s motion seeking leave to amend its complaint to add false advertising claims in the 1313 investigation. See Certain Botulinum Toxin Products and Processes For Manufacturing or Relating to Same, Inv. No. 337-TA-1313, Order No. 29 (“the 1313 Investigation”) (U.S.I.T.C. Nov. 2, 2023). Medytox, Inc. (“Medytox”), the complainant, sought to allege that respondents’ Hugel, Inc., and Hugel America, Inc. (“Hugel”), commercial statements about the origins of their Clostridium botulinum strain were false under the Lanham Act. Id. at 4. The ALJ denied the motion, finding Medytox failed to establish good cause because Medytox could have — and should have — brought its false advertising claims earlier. Id. at 7.
The fact discovery period was unusually long in Inv. No. 1313 due, in part, to the underlying technology and location of the evidence. At issue was the precise strain of the neurotoxin botulinum.1 Identifying the strain required sophisticated DNA testing.2 In addition to the amount of time required to perform the testing itself, the testing occurred in the Republic of Korea.3 Consequently, production of this evidence in the investigation required approval from the Republic of Korea’s Ministry of Trade, Industry & Energy (“MOTIE”).4 Together, these factors led...
A Mays Landing woman who stole from the senior community in Waretown where she worked and then falsely claimed her child was undergoing cancer treatments to win adjournments in her case has been s...