- 18 -
petitioners decided to move during the fall of 1990 the Avitene
manufacturing process (including the manufacturing equipment)
from Alcon P.R.’s Puerto Rico facility to MedChem U.S.A.’s idled
Amvisc facility in Woburn.6 Such a move would and did require
MedChem U.S.A. to make additional leasehold improvements in order
to conform the Amvisc facility to Avitene’s manufacturing
requirements. Fifth, MedChem P.R. attempted to sell the land in
Juncos that it had purchased for the site of the proposed
facility. Sixth, as of July 1, 1990, MedChem U.S.A. employees
wrote all of MedChem P.R.’s checks in Woburn and mailed those
checks from Woburn to the payees.
Petitioners moved the equipment used to process corium into
bulk flour into MedChem U.S.A.’s Woburn facility in June 1990.7
Within 7 months, they moved into that facility all or part of the
frozen corium and the equipment used to process bulk flour into
6 MedChem U.S.A. eventually constructed a bulk Avitene
manufacturing facility in Woburn in June 1992 and began producing
bulk Avitene there 4 months later. In July 1993, MedChem U.S.A.
began constructing an Avitene finished goods manufacturing
facility in Woburn; at that time, Alcon P.R. performed that part
of the Avitene manufacturing process at its facility in Puerto
Rico pursuant to the processing agreement. MedChem U.S.A.
substantially completed construction of the latter project in
April 1994, at which time MedChem U.S.A. controlled Avitene’s
entire manufacturing process.
7 At that time, the manufacturing of work-in-process was
completed and the machinery and equipment used in that process
disassembled and also readied for moving to Woburn.
Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NextLast modified: May 25, 2011