[Federal Register Volume 66, Number 17 (Thursday, January 25, 2001)]
[Notices]
[Pages 7783-7784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2211]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-446]


Certain Ink Jet Print Cartridges and Components Thereof; Notice 
of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. Sec. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on December 22, 2000, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Hewlett-Packard of Palo Alto, California. An amendment to the Complaint 
was filed on January 17, 2001. The Complaint, as amended, alleges 
violations of section 337 in the importation into the United States, 
the sale for importation, and the sale within the United States after 
importation of certain ink jet print cartridges and components thereof 
by reason of infringement of claims 1, 2 and 3 of U.S. Letters Patent 
4,827,294; claims 4 and 5 of U.S. Letters Patent 4,635,073; claims 2 
and 3 of U.S. Letters Patent 4,680,859; claim 4 of U.S. letters Patent 
4,872,027; claims 1-4 and 12 of U.S. Letters Patent 4,992,802; and 
claims 8, 9, 12, 13, 14, 18, 19 and 20 of U.S. Letters Patent 
5,409,134. The complaint further alleges that there exists an industry 
in the United States as required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after a hearing, issue a permanent exclusion order 
and permanent 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.

FOR FURTHER INFORMATION CONTACT: James B. Coughlan, Esq., Office of 
Unfair Import Investigations, U.S. International Trade Commission, 
telephone 202-205-2575. General

[[Page 7784]]

information concerning the Commission may also be obtained by accessing 
its internet server (http://www.usitc.gov).

    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 (2000).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on January 18, 2000, 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 ink jet 
print cartridges and components thereof by reason of infringement of 
claims 1, 2 or 3 of U.S. Letters Patent 4,827,294; claims 4 or 5 of 
U.S. Letters Patent 4,635,073; claims 2 or 3 of U.S. Letters Patent 
4,680,859; claim 4 of U.S. Letters Patent 4,872,027; claims 1, 2, 3, 4 
or 12 of U.S. Letters Patent 4,992,802; or claims 8, 9, 12, 13, 14, 18, 
19 or 20 of U.S. Letters Patent 5,409,134; and whether there exists an 
industry in the United States 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 complainant is: Hewlett-Packard Company, 3000 Hanover 
Street, Palo Alto, California 94304.
    (b) The respondents are the following companies alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Microjet Technology Co., Ltd., No. 29 Tzu Chiang Street, Tu-Cheng 
Taipei, Hsien, Taiwan 236.
Printer Essentials.com, Inc., 895 East Patriot Blvd., Suite 109, Reno, 
Nevada 89511.
Price-Less Inkjet Cartridge Company, Omni Executive Center #33, 4055 
Tamiami Trail, Port Charlotte, Florida 33952.
Cartridge Hut and Paperwork Plus, 29696 Via Naravilla, Sun City, 
California 92586.
ABCCo.net, Inc., 3890 Tamiami Trail, Port Charlotte, Florida 33952.

    (c) James B. Coughlan, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Room 401-L, Washington, DC 20436, who shall be the Commission 
investigative attorney, party to this investigation; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern is designated as 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 C.F.R. 210.13. 
Pursuant to 19 C.F.R. 201.16(d) and 210.13(a) of the Commission's 
Rules, 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 will not be granted unless good 
cause therefor 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 both an initial determination and a final determination 
containing such findings, and may result in the issuance of a limited 
exclusion order or a cease and desist order or both directed against 
such respondent.

    Issued: January 19, 2001.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-2211 Filed 1-24-01; 8:45 am]
BILLING CODE 7020-02-U