The U.S. International Trade Commission (“ITC”) has requested additional briefing from the parties due to the information that Acambis by the end of 2006 was notified by the U.S. Department of Health & Human Services (“HHS”) that they are out of competitive range for an award as part of the Modified Vaccinia Ankara (“MVA”) smallpox vaccine tender process. The issue the ITC considers is whether the ITC investigation thereby has become or will soon become irrelevant. To accommodate briefing on this issue the ITC has extended the target date of the Final Determination to 21 February 2007.
