[Federal Register Volume 75, Number 146 (Friday, July 30, 2010)]
[Notices]
[Pages 44988-44989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18708]
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INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-731]
In the Matter of Certain Toner Cartridges and Components Thereof;
Notice of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on June 28, 2010, under section 337
of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of
Canon Inc., of Japan; Canon U.S.A., Inc. of Lake Success, New York; and
Canon Virginia, Inc. of Newport News, Virginia. A letter supplementing
the complaint was filed on July 15, 2010. 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 toner cartridges and components thereof by
reason of infringement of certain claims of U.S. Patent No. 5,903,803
(``the `803 patent'') and U.S. Patent No. 6,128,454 (``the `454
patent''). The complaint further alleges that an industry in the United
States exists as required by subsection (a)(2) of section 337.
The complainants request that the Commission institute an
investigation and, after the investigation, issue an 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
[[Page 44989]]
this investigation may be viewed on the Commission's electronic docket
(EDIS) at http://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Benjamin Levi, Esq., Office of Unfair
Import Investigations, U.S. International Trade Commission, telephone
(202) 205-2781.
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 (2010).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on July 26, 2010, 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 toner
cartridges or components thereof that infringe one or more of claims
128-130, 132, 133, and 139-143 of the `803 patent; and claims 24-30 of
the `454 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 complainants are:
Canon Inc., 30-2, Shimomaruko 3-chome, Ohta-ku, Tokyo 146-8501
Japan.
Canon U.S.A., Inc., One Canon Plaza, Lake Success, NY 11042, Canon
Virginia, Inc., 12000 Canon Boulevard, Newport News, VA 23606.
(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:
Ninestar Image Int'l, Ltd., No. 63, Mingzhubei Road, Zhuhai, China
519075.
Ninestar Technology Co., Ltd., No. 63, Mingzhubei Road, Zhuhai,
China 519075.
Ninestar Management Co., Ltd., No. 63, Mingzhubei Road, Zhuhai,
China 519075, Zhuhai Seine Technology Co., Ltd., No. 63, Mingzhubei
Road, Zhuhai, China 519075.
Seine Image Int'l Co., Ltd., 9/F Unit 18, New Commerce Centre, No.
9 On Lai Str., Shatin, Hong Kong.
Ninestar Image Co., Ltd., 9/F Unit 18, New Commerce Centre, No. 9
On Lai Str., Shatin, Hong Kong.
Ziprint Image Corp., 19805 Harrison Avenue, Walnut, CA 91789.
Nano Pacific Corp., 377 Swift Avenue, South San Francisco, CA
94080.
Ninestar Tech. Co., Ltd., 17950 East Ajax Circle, City of Industry,
CA, 91748.
Town Sky, Inc., 5 S. Linden Avenue, Suite 4, South San Francisco,
CA, 94080.
ACM Technologies, Inc., 2535 Research Drive, Corona, CA 92882.
LD Products, Inc., 2500 Grand Avenue, Long Beach, CA 90815.
Printer Essentials.com, Inc., 5190 Neil Road, Ste. 205, Reno, NV
89502.
XSE Group, Inc., d/b/a Image Star, 35 Philmack Drive, Middletown,
CT. 06457
Copy Technologies, Inc., d/b/a ITM Corporation, 130 James Aldredge,
Blvd. SW., Atlanta, GA 30336.
Red Powers, Inc., d/b/a LaptopTraveller.com, 120 West Grand Avenue
205, Alhambra, CA 91801.
Direct Billing International, Inc., d/b/a
OfficeSupplyOutfitters.com, 5910 Sea Lion Place, Suite 100, Carlsbad,
CA 92010.
Compu-Imaging, Inc., 8880 N.W. 18th Terrace, Doral, FL 33172.
EIS Office Solutions, Inc., 5803 Sovereign Drive, Suite 214,
Houston, TX 77036.
123 Refills, Inc., 4981 Irwindale Avenue, Suite 200, Irwindale, CA
91706.
(c) The Commission investigative attorney, party to this
investigation, is Benjamin Levi, Esq., 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 Honorable Paul J. Luckern, 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(d)-(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 therefore 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.
Issued: July 26, 2010.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-18708 Filed 7-29-10; 8:45 am]
BILLING CODE 7020-02-P