[Federal Register Volume 67, Number 84 (Wednesday, May 1, 2002)]
[Notices]
[Pages 21733-21734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10775]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-446]


In the Matter of Certain Ink Jet Print Cartridges and Components 
Thereof; Notice of Issuance of Limited Exclusion Order and Cease and 
Desist Orders; Termination of the 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 determined to reverse-in-part the presiding administrative 
law judge's (``ALJ'') initial determination (``ID'') of January 25, 
2002, in the above-captioned investigation, and determined that the 
accused devices infringe claim 4 of U.S. Letters Patent 4,635,073 
(``the `073 patent''), and that complainant Hewlett-Packard Company 
(``HP'') has satisfied the technical prong of the domestic industry 
requirement with respect to the `073 patent. Having found a violation 
of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, the 
Commission issued a limited exclusion order and cease and desist 
orders, and terminated the investigation.

FOR FURTHER INFORMATION CONTACT: Peter L. Sultan, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone 202-205-3094. Copies of the 
limited exclusion order and cease and desist order and all other 
nonconfidential 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-ON-LINE) at http://dockets.usitc.gov/eol.public. Hearing-impaired persons are advised

[[Page 21734]]

that information on the matter can be obtained by contacting the 
Commission's TDD terminal on 202-205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on the basis of a complaint filed by HP, alleging a violation of 
section 337 of the Tariff Act of 1930 in the importation and sale of 
certain ink jet print cartridges and components thereof by reason of 
infringement of U.S. Letters Patent 4,827,294; 4,635,073 (``the '073 
patent''); 4,680,859; 4,872,027; 4,992,802; and 5,409,134. The 
complaint named five respondents: Microjet Technology Co., Ltd. of 
Taipei, Taiwan; Printer Essentials of Reno, Nevada; Price-Less Inkjet 
Cartridge Company of Port Charlotte, Florida (``Price Less''); 
Cartridge Hut and Paperwork Plus of Sun City, California (``Cartridge 
Hut''); and ABCCo.net, Inc. of Port Charlotte, Florida (``ABC''). The 
investigation was later terminated on the basis of consent order 
agreements with respect to Printer Essentials and Cartridge Hut.
    The ALJ issued his final ID, along with a recommended determination 
on remedy and bonding, on January 25, 2002. He concluded that there was 
a violation of section 337, based on the following findings: (a) that 
the asserted claims of all of the patents at issue, except for claim 4 
of the '073 patent, are infringed by respondents Microjet, Price-Less 
and ABC; and (b) that an industry exists in the United States that 
exploits each of the patents in issue, except the '073 patent. The ALJ 
recommended a bond of 100% of entered value during the Presidential 
review period, and a limited exclusion order issue against Microjet, 
and cease and desist orders against Price-Less and ABC.
    On March 7, 2002, the Commission determined (1) to review the ALJ's 
construction of claim 4 of the '073 patent and his findings of no 
infringement and no domestic industry with respect to the `073 patent; 
(2) not to review the remainder of the ID. On review, the Commission 
determined that the accused devices infringe claim 4 of the '073 
patent, and that complainant HP has satisfied the technical prong of 
the domestic industry requirement with respect to the '073 patent.
    The Commission found that each of the statutory requirements has 
been met for the issuance of a limited exclusion order with respect to 
respondent Microjet, and for the issuance of a cease and desist order 
with respect to respondents Price-Less and ABC. The Commission further 
determined that the public interest factors enumerated in section 
337(g)(1) did not preclude the issuance of such relief. Finally, the 
Commission determined that bond under the limited exclusion order 
during the Presidential review period shall be in the amount of one 
hundred (100) percent of the entered value of the imported articles.
    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, 19 U.S.C. 1337, and section 210.45 of the 
Commission's Rules of Practice and Procedure, 19 CFR 210.45.


    Issued: April 25, 2002.
    By order of the Commission.
Marilyn R. Abbott,
Secretary.
[FR Doc. 02-10775 Filed 4-30-02; 8:45 am]
BILLING CODE 7020-02-P