[Federal Register Volume 71, Number 56 (Thursday, March 23, 2006)]
[Notices]
[Pages 14720-14721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4196]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-565]


 In the Matter of Certain Ink Cartridges and Components Thereof; 
Notice of Investigation

AGENCY: 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 February 17, 2006, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Epson Portland Inc. of Hillsboro, Oregon, Epson America, Inc. of Long 
Beach, California, and Seiko Epson Corporation of Japan. Supplemental 
letters were filed on March 10 and 14, 2006. The complaint 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 cartridges and components thereof by reason 
of infringement of claim 7 of U.S. Patent No. 5,615,957; claims 18, 81, 
93, 149, 164 and 165 of U.S. Patent No. 5,622,439; claims 83 and 84 of 
U.S. Patent No. 5,158,377; claims 19 and 20 of U.S. Patent No. 
5,221,148; claims 29, 31, 34 and 38 of U.S. Patent No. 5,156,472; claim 
1 of U.S. Patent No. 5,488,401; claims 1, 2, 3 and 9 of U.S. Patent No. 
6,502,917; claims 1, 31 and 34 of U.S. Patent No. 6,550,902; and claims 
1, 10 and 14 of U.S. Patent No. 6,955,422. The complaint further 
alleges that an industry in the United States exists or is in the 
process of being established as required by subsection (a)(2) of 
section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a general 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 this investigation may be viewed on the Commission's 
electronic docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Kevin Baer, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2221.

    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 (2005).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on March 16, 2006, 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 cartridges or 
component parts thereof by reason of infringement of one or more of 
claim 7 of U.S. Patent No. 5,615,957; claims 18, 81, 93, 149, 164 and 
165 of U.S. Patent No. 5,622,439; claims 83 and 84 of U.S. Patent No. 
5,158,377; claims 19 and 20 of U.S. Patent No. 5,221,148; claims 29, 
31, 34 and 38 of U.S. Patent No. 5,156,472; claim 1 of U.S. Patent No. 
5,488,401; claims 1, 2, 3 and 9 of U.S. Patent No. 6,502,917; claims 1, 
31 and 34 of U.S. Patent No. 6,550,902; and claims 1, 10 and 14 of U.S. 
Patent No. 6,955,422; and whether an industry in the United States 
exists or is in the process of being established 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--
    Epson Portland Inc., 3950 NW Aloclek Place, Hillsboro, Oregon 
97124.
    Epson America, Inc., 3840 Kilroy Airport Way, Long Beach, 
California 9080.
    Seiko Epson Corporation, 3-3-5 Owa, Suwa-Shi, Nagano-Ken, 392-8502, 
Japan.
    (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:
    Glory South Software Manufacturing Inc., 6481 Orangethorpe Ave., 
Suite 6, Buena Park, California 90620.
    Butterfly Print Image Corp. Ltd., Units 811-812, 8/F Park Sun 
Building, 103-107 Wo Yi Hop Road, Kwai Chung, N.T., Hong Kong.
    Ink Lab (H.K.) Co., Ltd., Flat A 11/F, Lucky Horse Industrial 
Building, 64 Tong Mi Road, Mongkok, Kowloon, Hong Kong.
    Nectron International, Ltd., 725 Park Two, Sugar Land, Texas 77478.
    Mipo International Ltd., Flat B, 11F, Wong Tze Building, 71 Hoe 
Yuen Road, Kwun Tong, Kowloon, Hong Kong.
    Mipo America Ltd., 3100 N.W. 72nd Avenue  106, Miami, 
Florida 33122.
    Nine Star Image Co. Ltd., No. 63 Mingzhubei Road, Xiangzhou 
District, Zhuhai, Guangdong, China 519 075.
    Nine Star Technology Company Ltd., 4620 Mission Boulevard, 
Montclair, California 91763.
    Town Sky Inc., 5 South Linden Avenue, Suite 4, South San Francisco, 
California 94080.
    Zhuhai Gree Magneto-Electric Co. Ltd., No. 205, West Shi Hua Road, 
Zhuhai City, Guangdong Province, China 519020.

[[Page 14721]]

    MMC Consumables Inc., 20456 Carrey Road, Walnut, California 91789.
    Tully Imaging Supplies Ltd., Room 902, 9/F, Island Place Tower, 510 
King's Road, North Point, Hong Kong.
    Inkjetwarehouse.com Inc., 106 Powder Mill Road, Canton, Connecticut 
06019.
    Wellink Trading Co., Ltd., Avn. Venceslau Morais S/N, 11-P, Edf. C. 
Ind., Keck Seng Building 2, Macao, China.
    Ribbon Tree (Macao) Trading Co., Ltd., Avn. Venceslau Morais S/N, 
11-P, Edf. C. Ind., Keck Seng Building 2, Macao, China.
    Ribbon Tree (USA) Inc., dba Cana-Pacific Ribbons Inc., 6920 
Salashan Parkway, Unit D107, Ferndale, Washington 98248.
    Apex Distributing Inc., 6920 Salashan Parkway, Unit D107, Ferndale, 
Washington 98248.
    Artech GMBH, Feldbachacker 10, D-44 149, Dorfmund, Germany.
    Ink Tec Co. Ltd., 1124, Shingil-Dong Danwon-Gu, Ansan-City, 
Kyungki-Do, 425-839, Korea.
    Ink Tec America Corporation, 7020 Troy Hill Drive, Suite H, 
Elkridge, Maryland 21075.
    Dataproducts USA LLC, 2001 Anchor Court, Thousand Oaks, California 
91320.
    Gerald Chamales Corp., dba Rhinotek Computer Products, 2301 E. Del 
Amo Blvd., Compton, California 90220.
    Master Ink Co., Ltd., 604 Po Lung Centre, 11 Wang Chiu Road, 
Kowloon Bay, Hong Kong.
    AcuJet U.S.A., Inc., 128 S. 6th Avenue, City of Industry, 
California 91746.
    (c) Kevin Baer, Esq., Office of Unfair Import Investigations, U.S. 
International Trade Commission, 500 E Street, SW., Suite 401, 
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 CFR 210.13. 
Pursuant to 19 CFR 201.16(d) 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 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 
respondents, 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 a limited exclusion order or cease and desist order or both directed 
against the respondent.

    Issued: March 17, 2006.
    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-4196 Filed 3-22-06; 8:45 am]
BILLING CODE 7020-02-P