[Federal Register Volume 76, Number 11 (Tuesday, January 18, 2011)]
[Notices]
[Pages 2921-2922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-836]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-691]
In the Matter of Certain Inkjet Ink Supplies and Components
Thereof; Notice of Commission Issuance of a General Exclusion Order and
a Cease and Desist Order; Termination of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has issued a general exclusion order and a cease and desist
order in the above-captioned investigation under section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), and
has terminated the investigation.
FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General
Counsel, U.S. International Trade Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202) 205-3065. Copies of non-
confidential documents filed in connection with this investigation are
or will be 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., Washington, DC
20436, telephone (202) 205-2000. General information concerning the
Commission may also be obtained by accessing its Internet server
(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. 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 October 29, 2009, based on a complaint filed by Hewlett-Packard
Company of Palo Alto, California (``HP''). 74 FR 55856-7 (Oct. 29,
2009). The complaint alleged violations 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 ink
supplies or components thereof that infringe one or more of claims 1-7
and 22-28 of United States Patent No. 6,959,985; claims 1-10, 11, 12,
14, 18-20, 22, 26, 27, and 28-35 of United States Patent No. 7,104,630;
claims 6, 7, 9, and 10 of U.S. Patent No. 6,089,687 (``the '687
patent''); and claims 1-3, 5, and 6 of U.S. Patent No. 6,264,301 (``the
'301 patent''). The complaint named as respondents Zhuhai Gree Magneto-
Electric Co. Ltd. of Guangdong, China (``Zhuhai''); InkPlusToner.com of
Canoga Park, California (``InkPlusToner''); Mipo International Ltd. of
Kowloon, Hong Kong (``Mipo International''); Mextec Group, Inc. d/b/a
Mipo America Ltd. of Miami, Florida (``Mextec''); Shanghai Angel
Printer Supplies Co. Ltd. of Shanghai, China (``Shanghai Angel'');
SmartOne Services LLC d/b/a InkForSale.net of Hayward, California
(``Smart One''); Shenzhen Print Media Co., Ltd. of Shenzhen, China
(``Shenzhen Print Media''); Comptree Ink d/b/a Meritline, ABCInk, EZ
Label, and CDR DVDR Media of City of Industry, California
(``Comptree''); Zhuhai National Resources & Jingjie Imaging Products
Co., Ltd. of Guangdong, China (``Zhuhai National''); Tatrix
International of Guangdong, China (``Tatrix''); and Ourway Image Co.,
of Guangdong, China (``Ourway'').
Seven respondents, Mipo International, Mextec, Shanghai Angel,
Shenzhen Print Media, Zhuhai National, Tatrix, and Ourway
(collectively, ``Defaulting Respondents''), failed to answer the
Complaint and Notice of Investigation. The ALJ granted default
determinations against the Defaulting Respondents (Order No. 9), and
the Commission determined not to review the order. See Notice of
Commission Determination Not to Review an Initial Determination Finding
Seven Respondents in Default (February 17, 2010). Three respondents,
Comptree, InkPlusToner, and SmartOne, reached settlement agreements
with HP and were terminated from the investigation (Order Nos. 11, 13,
and 14), and the Commission determined not to review those orders. One
respondent, Zhuhai, was terminated from the investigation on the basis
of a consent order (Order No. 12), and the Commission determined not to
review that order.
On May 7, 2010, HP moved for summary determination that a domestic
industry exists and that the Defaulting Respondents have violated
section 337. The ALJ granted HP's motion and issued his final ID (Order
No. 18) on August 30, 2010, finding substantial, reliable and probative
evidence of violation by the Defaulting Respondents with respect to
claims 6 and 9 of the `687 patent and claims 1, 5, and 6 of the `301
patent. The ID included the ALJ's recommended determination (``RD'') on
remedy and bonding. The ALJ recommended that in the event the
Commission finds a violation of section 337, the Commission should
issue a general exclusion order and a cease and desist
[[Page 2922]]
order directed to domestic respondent Mextec. The ALJ also recommended
that the Commission set a bond of 100 percent for products imported
during the period of Presidential review.
On October 7, 2010, the Commission issued notice of its
determination not to review the final ID, and to solicit submissions on
remedy, the public interest, and bonding. On October 28, 2010, HP and
the Commission investigative attorney filed submissions with respect
thereto. After reviewing the relevant portions of the record, the
Commission has determined to issue a general exclusion order with
respect to claims 6 and 9 of the `687 patent and claims 1, 5, and 6 of
the `301 patent, and a cease and desist order against Mextec with
respect to the same claims.
The Commission has therefore terminated this investigation. The
authority for the Commission's determination is contained in section
337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
sections 210.16(c), 210.41-.42, and 210.50 of the Commission's Rules of
Practice and Procedure (19 CFR 210.16(c), 210.41-.42, and 210.50).
By order of the Commission.
Issued: January 11, 2011.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2011-836 Filed 1-14-11; 8:45 am]
BILLING CODE 7020-02-P