80 FR 53567 - Issuance of a General Exclusion Order and Cease and Desist Orders; Termination of Investigation; Certain Toner Cartridges and Components Thereof

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 80, Issue 172 (September 4, 2015)

Notice is hereby given that the U.S. International Trade Commission has determined to issue: (1) a general exclusion order barring entry of certain toner cartridges and components thereof that infringe certain patents asserted in this investigation; and (2) cease and desist orders directed against certain domestic defaulting respondents. The Commission has terminated this investigation.

[Federal Register Volume 80, Number 172 (Friday, September 4, 2015)]
[Notices]
[Pages 53567-53568]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21962]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-918]


Issuance of a General Exclusion Order and Cease and Desist 
Orders; Termination of Investigation; Certain Toner Cartridges and 
Components Thereof

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has determined to issue: (1) a general exclusion order 
barring entry of certain toner cartridges and components thereof that 
infringe certain patents asserted in this investigation; and (2) cease 
and desist orders directed against certain domestic defaulting 
respondents. The Commission has terminated this investigation.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3115. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.

[[Page 53568]]

International Trade Commission, 500 E Street SW., Washington, DC 20436, 
telephone (202) 205-2000. General information concerning the Commission 
may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed 
on the Commission's electronic docket (EDIS) at http://edis.usitc.gov. 
Hearing-impaired persons are advised that information on this matter 
can be obtained by contacting the Commission's TDD terminal on (202) 
205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 
(``Section 337''), on June 12, 2014, based on a complaint filed by 
Canon Inc. of Japan; Canon U.S.A., Inc. of Melville, New York; and 
Canon Virginia, Inc. of Newport News, Virginia (collectively, 
``Canon''). 79 FR 33777-78 (June 12, 2014). The complaint alleges a 
violation of section 337 by reason of infringement of certain claims of 
U.S. Patent Nos. 8,280,278 (``the `278 patent''); 8,630,564 (``the `564 
patent''); 8,682,215 (``the `215 patent''); 8,676,090 (``the `090 
patent''); 8,369,744 (``the `744 patent''); 8,565,640 (``the `640 
patent''); 8,676,085 (``the `085 patent''); 8,135,304 (``the `304 
patent''); and 8,688,008 (``the `008 patent''). Id. The notice of 
investigation named thirty-three companies as respondents. Id. The 
Commission's Office of Unfair Import Investigations was also named as a 
party. Subsequently, the investigation was partially terminated based 
on withdrawal of the complaint as to all asserted claims of the 
following patents: (1) the `744 patent; (2) the `640 patent; (3) the 
`085 patent; and (4) the `304 patent.
    During the investigation, the ALJ issued initial determinations 
(``IDs'') terminating the investigation based on consent orders as to 
fifteen respondents:, Print-Rite Holdings Ltd.; Print-Rite N.A., Inc.; 
Union Technology Int'l (M.C.O.) Co. Ltd.; Print-Rite Unicorn Image 
Products Co. Ltd.; Innotex Precision Ltd.; Ninestar Image Tech Limited; 
Zhuhai Seine Technology Co., Ltd.; Ninestar Technology Company, Ltd.; 
Seine Tech (USA) Co., Ltd.; Nano Pacific Corporation; International 
Laser Group, Inc.; Ink Technologies Printer Supplies, LLC; LD Products, 
Inc.; Linkyo Corporation; and Katun Corporation. See ALJ Order Nos. 13 
(not reviewed Nov. 4, 2014), 16 (not reviewed Nov. 24, 2014), 28 (not 
reviewed Apr. 3, 2015), 29 (not reviewed Apr. 3, 2015), 30 (not 
reviewed Apr. 3, 2015), 31 (not reviewed Apr. 3, 2015), and 32 (not 
reviewed Apr. 3, 2015). The ALJ also issued an ID terminating the 
investigation based on Canon's withdrawal of allegations as to two 
respondents, Seine Image Int'l Co., Ltd. and Ninestar Image Tech, Ltd. 
See ALJ Order No. 4 (not reviewed Aug. 1, 2014). Likewise, the ALJ 
issued another ID terminating the investigation as to respondent Seine 
Image (USA) Co., Ltd. due to the corporate dissolution of the 
respondent. See ALJ Order No. 27 (not reviewed Apr. 1, 2015).
    The ALJ also issued IDs finding the following ten respondents in 
default: Acecom, Inc. -San Antonio of San Antonio, Texas; ACM 
Technologies, Inc. of Corona, California; Shenzhen ASTA Official 
Consumable Co., Ltd. of Longgang District, Shenzhen, China; Do It Wiser 
LLC of Alpharetta, Georgia; Grand Image Inc. of City of Industry, 
California; Green Project, Inc. of Hacienda Heights, California; 
Nectron International, Inc. of Sugar Land, Texas; Online Tech Stores, 
LLC of Reno, Nevada; Printronic Corporation of Santa Ana, California; 
and Zinyaw LLC of Houston, Texas. See Order Nos. 6 (not reviewed Aug. 
25, 2014), 12 (not reviewed Oct. 1, 2014), 15 (not reviewed Nov. 17, 
2014).
    The remaining five named respondents are Aster Graphics, Inc. of 
Placentia, California; Jiangxi Yibo E-Tech Co., Ltd. of Xinyu City, 
Jiangxi, China; Aster Graphics Co., Ltd. of Zhongshan, Guangdong, 
China; The Supplies Guys, LLC of Midland Park, New Jersey; and American 
Internet Holdings, LLC of Midland Park, New Jersey. Each of them has 
acknowledged and stipulated that it has failed to act within the 
meaning of Commission Rule 210.17, at least because it failed to file a 
prehearing statement and brief in accordance with the Procedural 
Schedule (Order No. 9), and that it therefore has no standing to 
contest Canon's evidence and arguments that it has violated section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337. See Stipulation 
Regarding the Status of the Aster and Supplies Guys Respondents (Feb. 
26, 2015).
    On May 12, 2015, the ALJ issued an ID (Order No. 34) granting 
Canon's motion for summary determination of violation and recommending 
the issuance of a general exclusion order and several cease and desist 
orders. No party petitioned for review of the ID.
    The Commission determined to affirm the ALJ's finding of a 
violation of section 337. The Commission also determined to review, and 
on review, to strike or modify certain portions of the ID. Furthermore, 
the Commission requested briefing on the issues of remedy, the public 
interest and bonding. See 80 FR 37299-301 (June 30, 2015). Canon and 
the Commission investigative attorney filed timely submissions pursuant 
to the Commission's Notice. No other parties filed any submissions in 
response to the Commission's Notice.
    Having reviewed the submissions filed in response to the 
Commission's Notice and the evidentiary record, the Commission has 
determined that the appropriate form of relief in this investigation is 
a general exclusion order barring entry of certain toner cartridges and 
components thereof covered by one or more of claims 160, 165, and 166 
of the `278 patent; claims 171, 176, 179, 181, 189, 192, and 200 of the 
`564 patent; claims 23, 26, 27, and 29 of the `215 patent; claims 1-4 
of the `090 patent; and claims 1, 7-9, 11, 12, and 34 of the `008 
patent. The Commission has also determined to issue cease and desist 
orders directed against Acecom, Inc.-San Antonio; Do It Wiser LLC; 
Grand Image Inc.; Green Project, Inc.; Nectron International, Inc.; 
Online Tech Stores, LLC; Printronic Corporation; and Zinyaw LLC. The 
Commission has further determined that the public interest factors 
enumerated in subsections (d)(l), (f)(1), and (g)(1) (19 U.S.C. 
1337(d)(l), (f)(1), (g)(1)) do not preclude issuance of the general 
exclusion order and cease and desist orders. Additionally, the 
Commission has determined that a bond in the amount of one hundred 
(100) percent of the entered value is required to permit temporary 
importation of the articles in question during the period of 
Presidential review (19 U.S.C. 1337(j)). The Commission has also issued 
an opinion explaining the basis for the remedy. The investigation is 
terminated.
    The Commission's orders and the record upon which it based its 
determination were delivered to the President and to the United States 
Trade Representative on the day of their issuance. The Commission has 
also notified the Secretary of the Treasury of the orders.
    The authority for the Commission's determination is contained in 
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.
    Issued: August 31, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-21962 Filed 9-3-15; 8:45 am]
BILLING CODE 7020-02-P