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 monochrome toner cartridges and replaceable color toner cartridges for use in laser beam printers and other laser printing machines, and photosensitive drum units contained in or sold for use in such monochrome toner cartridges.
The investigation is based on a complaint filed by Canon, Inc., of Tokyo, Japan; Canon U.S.A., Inc., of Melville, NY; and Canon Virginia, Inc., of Newport News, VA, on May 7, 2014. The complaint alleges 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 a general exclusion order and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Ninestar Image Tech Limited of Guangdong, China;
Zhuhai Seine Technology Co., Ltd., of Guangdong, China;
Ninestar Technology Company, Ltd., of City of Industry, CA;
Seine Tech (USA) Co., Ltd., of Walnut, CA;
Seine Image Int'l Co., Ltd., of Shatin, Hong Kong;
Ninestar Image Tech, Ltd., of Shatin, Hong Kong;
Seine Image (USA) Co., Ltd., of Diamond Bar, CA;
Nano Paci c Corporation of South San Francisco, CA;
Aster Graphics, Inc., of Placentia, CA;
Jiangxi Yibo E-tech Co., Ltd., of Xinyu City, Jiangxi, China;
Aster Graphics Co., Ltd., of Guangdong, China;
Print-Rite Holdings Ltd., Of Chai Wan, Hong Kong;
Print-Rite N.A., Inc., of La Vergne, TN;
Union Technology Int'l (M.C.O.) Co. Ltd., of Macao, SAR, China;
Print-Rite Unicorn Image Products Co. Ltd., of Guangdong, China;
Innotex Precision Ltd., of Chai Wan, Hong Kong;
International Laser Group, Inc., of Woodland Hills, CA;
Shenzhen ASTA Official Consumable Co., Ltd., of Shenzhen, China;
Acecom, Inc. - San Antonio d/b/a InkSell.com, of San Antonio, TX;
ACM Technologies, Inc., of Corona, CA;
American Internet Holdings, LLC, of Midland Park, NJ;
The Supplies Guys, LLC, of Midland Park, NJ;
Do It Wiser LLC d/b/a Image Toner, of Marietta, GA;
Grand Image Inc. d/b/a Grand Image USA d/b/a INK4S.com, of City of Industry, CA;
Green Project, Inc., of Hacienda Heights, CA;
Ink Technologies Printer Supplies, LLC, of Dayton, OH;
Katun Corporation, of Bloomington, MN;
LD Products, Inc., of Long Beach, CA;
Linkyo Corp., of La Puente, CA;
Nectron International, Inc., of Sugar Land, TX;
Online Tech Stores, LLC d/b/a SuppliesOutlet.com d/b/a SuppliesWholesalers.com d/b/a OnlineTechStores.com, of Reno, NV;
Printronic Corporation d/b/a Printronic.com d/b/a InkSmile.com, of Santa Ana, CA; and
Zinyaw LLC d/b/a TonerPirate.com, of Houston, TX.
By instituting this investigation (337-TA-918), 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 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.