July 26, 2010
News Release 10-084
Inv. No. 337-TA-731
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain toner cartridges and components thereof. The products at issue in this investigation are replaceable toner cartridges and components thereof, including photosensitive drums.
The investigation is based on a complaint filed by Canon, Inc., of Tokyo, Japan, Canon U.S.A., Inc., of Lake Success, New York, and Canon Virginia, Inc., of Newport News, Virginia, on June 28, 2010. The complaints allege violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain toner cartridges and components thereof that infringe patents asserted by Canon. The complainants request that the USITC issue an exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
By instituting this investigation (337-TA-731), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.