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)

Page Range		43244-43245
FR Document		2016-15621

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 Issue 127 (Friday, July 1, 2016)

[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.

-----------------------------------------------------------------------

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

43244 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices

complaint and the notice of The complainant request that the (2) For the purpose of the
investigation will not be granted unless Commission institute an investigation investigation so instituted, the following
good cause therefor is shown. and, after the investigation, issue a are hereby named as parties upon which
Failure of a respondent to file a timely general exclusion order, or in the this notice of investigation shall be
response to each allegation in the alternative a limited exclusion order, served:
complaint and in this notice may be and cease and desist orders. (a) The complainant is: HP Inc., 1501
deemed to constitute a waiver of the ADDRESSES: The complaint, except for Page Mill Road, Palo Alto, California
right to appear and contest the any confidential information contained 94304–1185.
allegations of the complaint and this therein, is available for inspection (b) The respondents are the following
notice, and to authorize the during official business hours (8:45 a.m. entities alleged to be in violation of
administrative law judge and the to 5:15 p.m.) in the Office of the section 337, and are the parties upon
Commission, without further notice to Secretary, U.S. International Trade which the complaint is to be served:
the respondent, to find the facts to be as Commission, 500 E Street SW., Room Memjet, Ltd., 61/62 Fitzwilliam Lane,
alleged in the complaint and this notice 112, Washington, DC 20436, telephone Dublin 2, Ireland
and to enter an initial determination (202) 205–2000. Hearing impaired Memjet US Services, Inc., 10918
and a final determination containing individuals are advised that information Technology Place, San Diego,
such findings, and may result in the on this matter can be obtained by California 92127
issuance of an exclusion order or a cease contacting the Commission’s TDD Memjet Home and Office, Inc., 923
and desist order or both directed against terminal on (202) 205–1810. Persons South Bridgeway Place, Suite 220,
the respondent. with mobility impairments who will Eagle, Idaho 83616
By order of the Commission. need special assistance in gaining access Memjet North Ryde Pty Ltd., 6–8 Lyon
Issued: June 27, 2016. to the Commission should contact the Park Road, North Ryde, New South
Lisa R. Barton, Office of the Secretary at (202) 205– Wales, 2113, Australia
Secretary to the Commission. 2000. General information concerning Memjet Technology Ltd., 61/62
the Commission may also be obtained Fitzwilliam Lane, Dublin 2, Ireland
[FR Doc. 2016–15627 Filed 6–30–16; 8:45 am]
by accessing its internet server at http:// Memjet Holdings Ltd., 61/62
BILLING CODE 7020–02–P
www.usitc.gov. The public record for Fitzwilliam Lane, Dublin 2, Ireland
this investigation may be viewed on the Afinia LLC (d/b/a Afinia Label), 8150
INTERNATIONAL TRADE Commission’s electronic docket (EDIS) Mallory Court, Chanhassen,
COMMISSION at http://edis.usitc.gov. Minnesota 55317
Astro Machine Corporation, 630 Lively
FOR FURTHER INFORMATION CONTACT: The
Boulevard, Elk Grove Village, Illinois
[Investigation No. 337–TA–1011] Office of Unfair Import Investigations,
60007
U.S. International Trade Commission,
Colordyne Technologies, LLC, 3275
Certain Inkjet Printers, Printheads, and telephone (202) 205–2560.
Intertech Drive, Suite 100, Brookfield,
Ink Cartridges, Components Thereof, Authority: The authority for institution of Wisconsin 53045
and Products Containing Same; this investigation is contained in section 337 Formax Technologies, Inc., 1 Education
Institution of Investigation of the Tariff Act of 1930, as amended, and Way, Dover, New Hampshire 03820
in section 210.10 of the Commission’s Rules
AGENCY: U.S. International Trade of Practice and Procedure, 19 CFR 210.10
Neopost USA, Inc., (d/b/a Neopost
Commission. (2016). Northwest, Neopost Northeast,
ACTION: Notice. Neopost Priority Systems, and/or
Scope of Investigation: Having Neopost Southeast), 478 Wheelers
SUMMARY: Notice is hereby given that a considered the complaint, the U.S. Farms Road, Milford, Connecticut
complaint was filed with the U.S. International Trade Commission, on 06461
International Trade Commission on May June 27, 2016, ordered that— Printware LLC, 2935 Waters Road, Suite
27, 2016, under section 337 of the Tariff (1) Pursuant to subsection (b) of 160, Eagan, Minnesota 55121
Act of 1930, as amended, 19 U.S.C. section 337 of the Tariff Act of 1930, as VIPColor Technologies USA, Inc., 6737
1337, on behalf of HP Inc. of Palo Alto, amended, an investigation be instituted Mowry Avenue, Newark, California
California. The complaint alleges to determine whether there is a 94560
violations of section 337 based upon the violation of subsection (a)(1)(B) of ABC Office (d/b/a Brent Barlow), 1142
importation into the United States, the section 337 in the importation into the West Flint Meadow Drive, Kaysville,
sale for importation, and the sale within United States, the sale for importation, Utah 84037
the United States after importation of or the sale within the United States after All for Mailers, Inc., 4 Roland Avenue,
certain inkjet printers, printheads, and importation of certain inkjet printers, Feasterville, Pennsylvania 19053
ink cartridges, components thereof, and printheads, and ink cartridges, Fernqvist Labeling Solutions, Inc., 2544
products containing same by reason of components thereof, and products Leghorn Street, Mountain View,
infringement of certain claims of U.S. containing same by reason of California 94043
Patent No. 6,270,201 (‘‘the ’201 Patent’’); infringement of one or more of claims Information Management Services LLC,
U.S. Patent No. 6,491,377 (‘‘the ’377 1–3, 6, 13–15, 17, 23–25, 28–30, 35, and (d/b/a MyBinding.com), 5500 N.E.
Patent’’); U.S. Patent No. 6,260,952 (‘‘the 37 of the ’201 patent; claims 22–24 of Moore Court, Hillsboro, Oregon 97124
asabaliauskas on DSK3SPTVN1PROD with NOTICES

’952 Patent’’); U.S. Patent No. 7,004,564 the ’377 patent; claims 1–3, 5–8, 10, 13, JMP Business Systems, Inc., 1450
(‘‘the ’564 Patent’’); U.S. Patent No. 14, and 16 of the ’952 patent; claims 1– Tollhouse Road, No. 103, Clovis,
7,090,343 (‘‘the ’343 Patent’’); and U.S. 24 of the ’564 patent; claims 1–22 of the California 93611
Patent No. 7,744,202 (‘‘the ’202 Patent’’). ’343 patent; and claims 1–6, 9–12, 16, Mono Machines LLC, 1133 Broadway
The complaint further alleges that an 18, 21, 23, and 26–30 of the ’202 patent, Suite 706, New York, New York
industry in the United States exists as and whether an industry in the United 10010
required by subsection (a)(2) of section States exists as required by subsection Ordway Corporation, (d/b/a Print &
337. (a)(2) of section 337; Finishing Solutions), 1632 Sierra

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Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Notices 43245

Madre Circle, Placentia, California INTERNATIONAL TRADE certain stainless steel plate from South
92870 COMMISSION Africa (64 FR 25288). On May 21, 1999,
Pacific Barcode Inc., 27531 Enterprise Commerce issued antidumping duty
[Investigation Nos. 701–TA–379 and 731–
Circle West, Temecula, California TA–788, 792, and 793 (Third Review)] orders on imports of certain stainless
92590 steel plate from Belgium, South Africa,
Pacific Code & Label, Inc., 37 N.E. 47th Stainless Steel Plate From Belgium, and Taiwan (64 FR 27756).2 On March
Avenue, Building B, Portland, Oregon South Africa, and Taiwan Institution of 11, 2003, as a result of intervening
97213 Five-Year Reviews litigation of the Commission’s original
determinations, Commerce amended
Parts Now! LLC, 434 S. Yellowstone AGENCY: United States International those antidumping and countervailing
Drive, Suite 100, Madison, Wisconsin Trade Commission. duty orders on imports of certain
53719 ACTION: Notice. stainless steel plate to remove the
Trademark Copysystems Inc., (d/b/a original language that excluded cold-
Addrex—Addresser Sales Company), SUMMARY: The Commission hereby gives
notice that it has instituted reviews rolled stainless steel plate in coils (68
13864 Bennett Road, Cleveland, Ohio FR 11520 and 68 FR 11524). Following
44133 pursuant to the Tariff Act of 1930 (‘‘the
Act’’), as amended, to determine five-year reviews by Commerce and the
Vivid Data Group LLC, 4711 Hines Commission, effective July 18, 2005,
whether revocation of the
Place, Suite 112, Dallas, Texas 75235 Commerce issued a continuation of the
countervailing duty order on stainless
(c) The Office of Unfair Import steel plate from South Africa and the countervailing duty order on imports of
Investigations, U.S. International Trade antidumping duty orders on stainless stainless steel plate from South Africa
Commission, 500 E Street SW., Suite steel plate from Belgium, South Africa, and the antidumping duty orders on
401, Washington, DC 20436; and and Taiwan would be likely to lead to imports of stainless steel plate from
(3) For the investigation so instituted, continuation or recurrence of material Belgium, South Africa, and Taiwan (70
the Chief Administrative Law Judge, injury. Pursuant to the Act, interested FR 41202). Following the second five-
U.S. International Trade Commission, parties are requested to respond to this year reviews by Commerce and the
shall designate the presiding notice by submitting the information Commission, effective August 30, 2011,
Administrative Law Judge. specified below to the Commission;1 to Commerce issued a continuation of the
be assured of consideration, the countervailing duty order on imports of
Responses to the complaint and the
deadline for responses is August 1, stainless steel plate from South Africa
notice of investigation must be
2016. Comments on the adequacy of and the antidumping duty orders on
submitted by the named respondents in
responses may be filed with the imports of stainless steel plate from
accordance with section 210.13 of the
Commission by September 14, 2016. Belgium, South Africa, and Taiwan (76
Commission’s Rules of Practice and
DATES: Effective Date: July 1, 2016. FR 53882). The Commission is now
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(e) and 210.13(a), such FOR FURTHER INFORMATION CONTACT: conducting third reviews pursuant to
responses will be considered by the Mary Messer (202–205–3193), Office of section 751(c) of the Act, as amended
Commission if received not later than 20 Investigations, U.S. International Trade (19 U.S.C. 1675(c)), to determine
days after the date of service by the Commission, 500 E Street SW., whether revocation of the orders would
Commission of the complaint and the Washington, DC 20436. Hearing- be likely to lead to continuation or
notice of investigation. Extensions of impaired persons can obtain recurrence of material injury to the
time for submitting responses to the information on this matter by contacting domestic industry within a reasonably
complaint and the notice of the Commission’s TDD terminal on 202– foreseeable time. Provisions concerning
investigation will not be granted unless 205–1810. Persons with mobility the conduct of this proceeding may be
good cause therefor is shown. impairments who will need special found in the Commission’s Rules of
assistance in gaining access to the Practice and Procedure at 19 CFR parts
Failure of a respondent to file a timely
Commission should contact the Office 201, Subparts A and B and 19 CFR part
response to each allegation in the
complaint and in this notice may be of the Secretary at 202–205–2000. 207, subparts A and F. The Commission
deemed to constitute a waiver of the General information concerning the will assess the adequacy of interested
right to appear and contest the Commission may also be obtained by party responses to this notice of
allegations of the complaint and this accessing its internet server (http:// institution to determine whether to
notice, and to authorize the www.usitc.gov). The public record for conduct full or expedited reviews. The
administrative law judge and the this proceeding may be viewed on the Commission’s determinations in any
Commission, without further notice to Commission’s electronic docket (EDIS) expedited reviews will be based on the
the respondent, to find the facts to be as at http://edis.usitc.gov. facts available, which may include
alleged in the complaint and this notice SUPPLEMENTARY INFORMATION:
and to enter an initial determination Background.—On May 11, 1999, the 2 Commerce revoked the antidumping duty order

Department of Commerce issued a regarding stainless steel plate from Korea as a result
and a final determination containing of proceedings before the World Trade
such findings, and may result in the countervailing duty order on imports of Organization. 76 FR 74771 (December 1, 2011)
issuance of an exclusion order or a cease (implementing determination under Section 129 of
asabaliauskas on DSK3SPTVN1PROD with NOTICES

1 No response to this request for information is the Uruguay Round Agreements Act regarding
and desist order or both directed against
required if a currently valid Office of Management stainless steel plate in coils from Korea). Commerce
the respondent. and Budget (OMB) number is not displayed; the had already revoked the antidumping duty order on
By order of the Commission. OMB number is 3117–0016/USITC No. 16–5–361, stainless steel plate from Italy after the Commission
expiration date June 30, 2017. Public reporting reached a negative determination in its second five-
Issued: June 27, 2016. burden for the request is estimated to average 15 year review of that order. 76 FR 54207 (August 31,
Lisa R. Barton, hours per response. Please send comments 2011). Commerce also had previously revoked an
Secretary to the Commission. regarding the accuracy of this burden estimate to antidumping duty order on stainless steel plate
the Office of Investigations, U.S. International Trade from Canada after the Commission reached a
[FR Doc. 2016–15621 Filed 6–30–16; 8:45 am] Commission, 500 E Street SW., Washington, DC negative determination in its first five-year review
BILLING CODE 7020–02–P 20436. of that order. 70 FR 41207 (July 18, 2005).

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Document Created: 2016-07-14 11:38:04
Document Modified: 2016-07-14 11:38:04

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
FR Citation		81 FR 43244