81 FR 43244 - Certain Inkjet Printers, Printheads, and Ink Cartridges, Components Thereof, and Products Containing Same; Institution of Investigation

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 127 (July 1, 2016)

Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on May 27, 2016, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of HP Inc. of Palo Alto, California. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain inkjet printers, printheads, and ink cartridges, components thereof, and products containing same by reason of infringement of certain claims of U.S. Patent No. 6,270,201 (``the '201 Patent''); U.S. Patent No. 6,491,377 (``the '377 Patent''); U.S. Patent No. 6,260,952 (``the '952 Patent''); U.S. Patent No. 7,004,564 (``the '564 Patent''); U.S. Patent No. 7,090,343 (``the '343 Patent''); and U.S. Patent No. 7,744,202 (``the '202 Patent''). The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. The complainant request that the Commission institute an investigation and, after the investigation, issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Notices]
[Pages 43244-43245]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15621]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1011]


Certain Inkjet Printers, Printheads, and Ink Cartridges, 
Components Thereof, and Products Containing Same; Institution of 
Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on May 27, 2016, under section 337 
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of HP 
Inc. of Palo Alto, California. The complaint alleges violations of 
section 337 based upon the importation into the United States, the sale 
for importation, and the sale within the United States after 
importation of certain inkjet printers, printheads, and ink cartridges, 
components thereof, and products containing same by reason of 
infringement of certain claims of U.S. Patent No. 6,270,201 (``the '201 
Patent''); U.S. Patent No. 6,491,377 (``the '377 Patent''); U.S. Patent 
No. 6,260,952 (``the '952 Patent''); U.S. Patent No. 7,004,564 (``the 
'564 Patent''); U.S. Patent No. 7,090,343 (``the '343 Patent''); and 
U.S. Patent No. 7,744,202 (``the '202 Patent''). The complaint further 
alleges that an industry in the United States exists as required by 
subsection (a)(2) of section 337.
    The complainant request that the Commission institute an 
investigation and, after the investigation, issue a general exclusion 
order, or in the alternative a limited exclusion order, and cease and 
desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is available for inspection during official business 
hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW., Room 112, Washington, 
DC 20436, telephone (202) 205-2000. Hearing impaired individuals are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810. Persons with mobility 
impairments who will need special assistance in gaining access to the 
Commission should contact the Office of the Secretary at (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.

FOR FURTHER INFORMATION CONTACT: The Office of Unfair Import 
Investigations, U.S. International Trade Commission, telephone (202) 
205-2560.

    Authority: The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in section 210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2016).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 27, 2016, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain inkjet 
printers, printheads, and ink cartridges, components thereof, and 
products containing same by reason of infringement of one or more of 
claims 1-3, 6, 13-15, 17, 23-25, 28-30, 35, and 37 of the '201 patent; 
claims 22-24 of the '377 patent; claims 1-3, 5-8, 10, 13, 14, and 16 of 
the '952 patent; claims 1-24 of the '564 patent; claims 1-22 of the 
'343 patent; and claims 1-6, 9-12, 16, 18, 21, 23, and 26-30 of the 
'202 patent, and whether an industry in the United States exists as 
required by subsection (a)(2) of section 337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is: HP Inc., 1501 Page Mill Road, Palo Alto, 
California 94304-1185.
    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Memjet, Ltd., 61/62 Fitzwilliam Lane, Dublin 2, Ireland
Memjet US Services, Inc., 10918 Technology Place, San Diego, California 
92127
Memjet Home and Office, Inc., 923 South Bridgeway Place, Suite 220, 
Eagle, Idaho 83616
Memjet North Ryde Pty Ltd., 6-8 Lyon Park Road, North Ryde, New South 
Wales, 2113, Australia
Memjet Technology Ltd., 61/62 Fitzwilliam Lane, Dublin 2, Ireland
Memjet Holdings Ltd., 61/62 Fitzwilliam Lane, Dublin 2, Ireland
Afinia LLC (d/b/a Afinia Label), 8150 Mallory Court, Chanhassen, 
Minnesota 55317
Astro Machine Corporation, 630 Lively Boulevard, Elk Grove Village, 
Illinois 60007
Colordyne Technologies, LLC, 3275 Intertech Drive, Suite 100, 
Brookfield, Wisconsin 53045
Formax Technologies, Inc., 1 Education Way, Dover, New Hampshire 03820
Neopost USA, Inc., (d/b/a Neopost Northwest, Neopost Northeast, Neopost 
Priority Systems, and/or Neopost Southeast), 478 Wheelers Farms Road, 
Milford, Connecticut 06461
Printware LLC, 2935 Waters Road, Suite 160, Eagan, Minnesota 55121
VIPColor Technologies USA, Inc., 6737 Mowry Avenue, Newark, California 
94560
ABC Office (d/b/a Brent Barlow), 1142 West Flint Meadow Drive, 
Kaysville, Utah 84037
All for Mailers, Inc., 4 Roland Avenue, Feasterville, Pennsylvania 
19053
Fernqvist Labeling Solutions, Inc., 2544 Leghorn Street, Mountain View, 
California 94043
Information Management Services LLC, (d/b/a MyBinding.com), 5500 N.E. 
Moore Court, Hillsboro, Oregon 97124
JMP Business Systems, Inc., 1450 Tollhouse Road, No. 103, Clovis, 
California 93611
Mono Machines LLC, 1133 Broadway Suite 706, New York, New York 10010
Ordway Corporation, (d/b/a Print & Finishing Solutions), 1632 Sierra

[[Page 43245]]

Madre Circle, Placentia, California 92870
Pacific Barcode Inc., 27531 Enterprise Circle West, Temecula, 
California 92590
Pacific Code & Label, Inc., 37 N.E. 47th Avenue, Building B, Portland, 
Oregon 97213
Parts Now! LLC, 434 S. Yellowstone Drive, Suite 100, Madison, Wisconsin 
53719
Trademark Copysystems Inc., (d/b/a Addrex--Addresser Sales Company), 
13864 Bennett Road, Cleveland, Ohio 44133
Vivid Data Group LLC, 4711 Hines Place, Suite 112, Dallas, Texas 75235

    (c) The Office of Unfair Import Investigations, U.S. International 
Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; 
and
    (3) For the investigation so instituted, the Chief Administrative 
Law Judge, U.S. International Trade Commission, shall designate the 
presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: June 27, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-15621 Filed 6-30-16; 8:45 am]
 BILLING CODE 7020-02-P