[Federal Register Volume 71, Number 72 (Friday, April 14, 2006)]
[Notices]
[Pages 19542-19543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5571]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-549]


In the Matter of Certain Ink Sticks for Solid Ink Printers; 
Issuance of a Limited Exclusion Order Against Respondents Found in 
Default; Issuance of a Cease and Desist Order Against a Respondent 
Found in Default; 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 limited exclusion order against the two 
respondents found in default in the above-captioned investigation, has 
issued a cease and desist order against the sole domestic respondent 
found in default in the above-captioned investigation, and has 
terminated the investigation.

FOR FURTHER INFORMATION CONTACT: Michelle Walters, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 708-5468. 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 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. 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 September 6, 2005, based on a complaint filed by Xerox Corporation 
of Stamford, Connecticut. The complaint, as amended, alleges violations 
of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, in the 
importation into the United States, the sale for importation, and the 
sale within the United States after importation of certain ink sticks 
used in solid ink printers by reason of infringement of claim 16 of 
United States Patent No. 6,739,713 (``the '713 patent''), claims 5-10 
and 13-14 of United States Patent No. 6,840,613 (``the

[[Page 19543]]

'613 patent''), and claims 1-2 of United States Patent No. 6,840,612 
(``the '612 patent''). The complaint further alleges the existence of a 
domestic industry. The Commission's notice of investigation names HANA 
Corporation (``HANA'') of Seoul, Republic of Korea, and InkSticks.com, 
Inc. (``InkSticks.com'') of Cheyenne, Wyoming, as respondents.
    The administrative law judge (``ALJ'') issued an initial 
determination on December 20, 2005, finding HANA and InkSticks.com in 
default, because neither respondent replied to the complaint or notice 
of investigation, and neither respondent replied to a show cause order 
issued by the ALJ on November 5, 2005. The Commission declined to 
review the ALJ's determination that respondents HANA and InkSticks.com, 
the only respondents named in the investigation, defaulted. Commission 
Notice, dated January 13, 2006.
    On February 10, 2006, the Commission issued a notice requesting 
briefing on the issues of remedy, the public interest, and bonding 
relating to the default finding of unlawful importation and sale of 
infringing products by HANA and InkSticks.com. Complainant submitted a 
brief along with proposed orders on February 24, 2006. The Commission 
investigative attorney (``IA'') also submitted a brief on remedy, the 
public interest, and bonding along with proposed orders on February 24, 
2006. The complainant and the IA chose not to file reply briefs.
    Having examined the record of this investigation, including the 
submissions of the parties, the Commission has determined that each of 
the statutory requirements of section 337(g)(1), 19 U.S.C. 1337(g)(1), 
has been met with respect to defaulting respondents HANA and 
InkSticks.com. Accordingly, pursuant to section 337(g)(1), 19 U.S.C. 
1337(g)(1), and Commission Rule 210.16(c), 19 CFR 210.16(c), the 
Commission presumed the facts alleged in the complaint to be true. The 
Commission determined that the appropriate form of relief in this 
investigation is a limited exclusion order prohibiting the unlicensed 
entry of ink sticks for solid ink printers covered by one or more of 
claim 16 of the '713 patent, claims 5-10 and 13-14 of the '613 patent, 
or claims 1-2 of the '612 patent that are manufactured abroad by or on 
behalf of, or imported by or on behalf of, HANA or InkSticks.com or any 
of their affiliated companies, parents, subsidiaries, or other related 
business entities, or their successors or assigns. The Commission 
further determined that the appropriate form of relief also includes a 
cease and desist order prohibiting InkSticks.com from importing, 
selling for importation, marketing, advertising, distributing, offering 
for sale, selling, transferring (except for exportation), advertising, 
and soliciting United States agents or distributors for ink sticks for 
solid ink printers that are covered by one or more of claim 16 of the 
'713 patent, claims 5-10 and 13-14 of the '613 patent, or claims 1-2 of 
the '612 patent.
    The Commission further determined that the public interest factors 
enumerated in section 337(g)(1), 19 U.S.C. 1337(g)(1), do not preclude 
issuance of the limited exclusion order or the cease and desist order. 
Finally, the Commission determined that the amount of bond to permit 
temporary importation during the Presidential review period, under 19 
U.S.C. 1337(j), shall be in the amount of 100 percent of the entered 
value of the infringing imported ink sticks for solid ink printers. The 
Commission's orders were delivered to the President and the United 
States Trade Representative on the day of their issuance.
    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 
in Sec.  210.16(c) of the Commission's Rules of Practice and Procedure, 
19 CFR 210.16(c).

    Issued: April 11, 2006.
    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-5571 Filed 4-13-06; 8:45 am]
BILLING CODE 7020-02-P