Document

Certain Ink Cartridges and Components Thereof I; Notice of a Commission Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation

Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to affirm, with supplemental findings and modified reasoning, an initial determ...

International Trade Commission
  1. [Investigation No. 337-TA-1451]

AGENCY:

U.S. International Trade Commission.

ACTION:

Notice.

SUMMARY:

Notice is hereby given that the U.S. International Trade Commission (“Commission”) has determined to affirm, with supplemental findings and modified reasoning, an initial determination (“ID”) (Order No. 16) of the presiding administrative law judge (“ALJ”) granting a motion for summary determination of violation. The Commission has determined to issue a general exclusion order (“GEO”) prohibiting the importation of certain ink cartridges and components thereof that infringe certain claims of U.S. Patent No. 8,540,347 (“the '347 patent”), U.S. Patent No. 9,061,508 (“the '508 patent”), U.S. Patent No. 11,535,037 (“the '037 patent”), U.S. Patent No. 11,820,150 (“the '150 patent”), and U.S. Patent No. 12,246,539 (“the '539 patent”); and cease and desist orders (“CDOs”) against respondents Mountain Peak, Inc. and Straightouttaink, LP. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT:

Edward S. Jou, Esq., Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, D.C. 20436, telephone (202) 205-3316. Copies of non-confidential documents filed in connection with this investigation may be viewed on the Commission's electronic docket (EDIS) at edis.usitc.gov. For help accessing EDIS, please email . General information concerning the Commission may also be obtained by accessing its internet server at www.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 on June 17, 2025, based upon a complaint filed on behalf of Epson Portland Inc. of Hillsboro, Oregon, Epson America, Inc. of Los Alamitos, California, and Seiko Epson Corporation ( printed page 61437) of Nagano, Japan (collectively, “Complainants”). 90 FR 25643-44 (June 17, 2025). The complaint, as supplemented, alleges violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 (“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 ink cartridges and components thereof by reason of the infringement of certain claims of U.S. Patent No. 8,540,347 (“the '347 patent”), U.S. Patent No. 9,061,508 (“the '508 patent”), U.S. Patent No. 11,535,037 (“the '037 patent”), U.S. Patent No. 11,820,150 (“the '150 patent”), and U.S. Patent No. 12,246,539 (“the '539 patent”). Id. at 25643. The complaint, as supplemented, further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337. Id.

The Commission's notice of investigation named as respondents: Dongguan Ocbestjet Digital Technology Co., Ltd. d/b/a Ocbestjet of Guangdong, China (“Dongguan Ocbestjet”); Ocbestjet Printer Consumables (HK) Co., Ltd., d/b/a Ocbestjet of Hong Kong (“Ocbestjet HK”); Tatrix International China Co., Ltd. of Guangdong, China (“Tatrix”); Luozhi Trading Co., Ltd. of Guangdong, China (“Luozhi Trading”); Shenzhen Hongxinyuan E-Commerce Co., Ltd., d/b/a Jianjai, d/b/a Vi-US of Guangdong, China; Shenzhen Kaizhen Technology Co., Ltd., d/b/a PayForLess of Guangdong, China (“Kaizhen Tech.”); Zhuhai Zhenyang Electronics Co., Ltd., d/b/a Oinkwere of Guangdong, China (“Zhenyang Elec.”); Shangrao Shixuan E-Commerce Co., Ltd., d/b/a Inkgo of Jiangxi, China; Zhuhai Hengyunda Electronics Co., Ltd., d/b/a Upriin of Guangdong, China (“Hengyunda Elec.”); Zhuhai Rongtaida Electronics Co., Ltd., d/b/a Hookink of Guangdong, China (“Rongtaida Elec.”); Zhuhai Shi Wei Tai Electronics Co., Ltd., d/b/a Ondula-A of Guangdong, China (“Shi Wei Tai Elec.”); Zhuhai Yixing Electronics Co., Ltd., d/b/a Greenjob USSOP of Guangdong, China (“Yixing Elec.”); Mei Jin Technology HK Co., Ltd., d/b/a YBFeir, d/b/a MJing of Hong Kong (“Mei Jin Tech.”); ZhuHai MeiJiAn Trading Co., Ltd., d/b/a HaloFox of Guangdong, China (“MeiJiAn Trading”); Qiong Wang, d/b/a 7-magic of Guangdong, China; Shen Zhen Sailing Technology Limited, d/b/a Triple-Color of Shenzhen, China; Zhuhai Shuofeng E-commerce Co., Ltd., d/b/a super-ink-club of Guangdong, China (“Shuofeng E-commerce”); Zhuhai Bowang Technology Co., Ltd., d/b/a office-print-club of Guangdong, China (“Bowang Tech.”); Mountain Peak, Inc., d/b/a/Billiontree Technology USA, Inc. (“Mountain Peak”), d/b/a TonerKingdom of City of Industry, California; and Straightouttaink, LP, d/b/a discountinkllc, d/b/a einkshop2014 of San Jose, California (“Straightouttaink”). Id. at 25643-44. The Office of Unfair Import Investigations (“OUII”) is also a party to this investigation. Id. at 25644.

Respondents Shenzhen Hongxinyuan E-Commerce Co., Ltd., Shangrao Shixuan E-Commerce Co., Ltd., Shen Zhen 2 Sailing Technology Limited, and Qiong Wang were terminated from the investigation by withdrawal of the complaint. Order No. 12 (Dec. 16, 2025), unreviewed by Comm'n Notice (Jan. 7, 2026).

Respondents Tatrix, Zhenyang Elec., Hengyunda Elec., Rongtaida Elec., Shi Wei Tai Elec., Yixing Elec., Mei Jin Tech., Mountain Peak, Straightouttaink, Dongguan Ocbestjet, Ocbestjet HK, Luozhi Trading, Kaizhen Tech., MeiJiAn Trading, Shuofeng E-commerce, and Bowang Tech. (the “Defaulting Respondents”) have been found in default. Order No. 10 (Sept. 30, 2025), unreviewed by Comm'n Notice (Dec. 5, 2025); Order No. 13 (Dec. 16, 2025), unreviewed by Comm'n Notice (Jan. 8, 2026).

Complainants have withdrawn their allegations as to claims 1, 4, 14, 16-17, and 23 of the '347 patent, claims 1, 3, 9, 12, 14, and 19 of the '508 patent, claims 9 and 10 of the '037 patent, claims 9-11 and 19-20 of the '150 patent, and claims 2, 9, 11, 18, 20, and 27 of the '539 patent, and these claims have been terminated from the investigation. Order No. 14 (Dec. 18, 2025), unreviewed by Comm'n Notice (Jan. 8, 2026).

On February 3, 2026, Complainants filed a motion for summary determination of violation by the Defaulting Respondents by reason of infringement of claims 8, 11, and 20 of the '037 patent, claims 7 and 17 of the '508 patent, claim 1 of the '037 patent, claim 1 of the '150 patent, and claims 1, 10, and 19 of the '539 patent. On February 13, 2026, OUII filed a response in support of Complainants' motion.

On May 15, 2026, the ALJ issued the subject ID (Order No. 16) granting the motion for summary determination, which included a recommended determination on remedy and bonding. No petitions for review of the ID were filed.

On May 18, 2026, the Commission issued a notice of request for submissions on the public interest. 91 FR 29982-83 (May 21, 2026). The Commission received public interest statements from Complainants and from non-party Obelisk Tech Systems, Inc.

On July 1, 2026, the Commission determined to review the ID with respect to indirect infringement and the domestic industry requirement. 91 FR 41659-60 (July 7, 2026). The Commission solicited briefing from the parties in response to three questions regarding the domestic industry requirement. Id. at 41659. The parties filed opening submissions on July 15, 2026, and reply submissions on July 22 and July 23, 2026.

Having reviewed the record of the investigation, including the ID, the pleadings, and the parties' submissions, the Commission has determined to affirm the ID's finding of a violation of section 337 with supplemental findings and modified reasoning as set forth in an opinion issued herewith. The Commission has determined that the appropriate remedy is a GEO and CDOs directed to respondents Mountain Peak and Straightouttaink.

The Commission has further determined that the public interest factors enumerated in subsections (d)(1), (f)(1), and (g)(1) (19 U.S.C. 1337(d)(1), (f)(1), and (g)(1)) do not preclude issuance of the above referenced remedial orders. Additionally, the Commission has determined to impose a bond in the amount of one hundred percent (100%) of the entered value of the covered products during the period of Presidential review. 19 U.S.C. 1337(j). The Commission issues its opinion herewith setting forth its determinations. The investigation is terminated.

The Commission vote for this determination took place on September 23, 2026.

This action is taken under the authority of 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: September 23, 2026.

Lisa Barton,

Secretary to the Commission.

[FR Doc. 2026-19847 Filed 9-28-26; 8:45 am]

BILLING CODE 7020-02-P

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91 FR 61436

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“Certain Ink Cartridges and Components Thereof I; Notice of a Commission Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation,” thefederalregister.org (September 29, 2026), https://thefederalregister.org/documents/2026-19847/certain-ink-cartridges-and-components-thereof-i-notice-of-a-commission-determination-finding-a-violation-of-section-337-.