[Federal Register Volume 71, Number 172 (Wednesday, September 6, 2006)]
[Notices]
[Pages 52576-52577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14711]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-581]


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

AGENCY: U.S. 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 August 1, 2006, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Hewlett-Packard Company of Palo Alto, California. An amendment to the 
complaint was filed on August 18, 2006. 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 inkjet ink supplies and components thereof 
by reason of infringement of U.S. Patent No. 5,825,387, U.S. Patent No. 
6,793,329, U.S. Patent No. 6,074,042, U.S. Patent No. 6,588,880, U.S. 
Patent No. 6,364,472, U.S. Patent No. 6,089,687, and U.S. Patent No. 
6,264,301. The complaint further alleges that an industry in the United 
States exists as required by subsection (a)(2) of section 337.
    The complainant requests that the Commission institute an 
investigation and, after the investigation, issue a permanent limited 
exclusion order and permanent cease and desist orders.

ADDRESSES: The complaint as amended, 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://www.edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: David O. Lloyd, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
202-205-2576.

    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 (2006).

    Scope of Investigation: Having considered the complaint as amended, 
the U.S. International Trade Commission, on August 29, 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 inkjet ink 
supplies or components thereof by reason of infringement of one or more 
of claims 1-4, 7-9, 22, 24, and 25 of U.S. Patent No. 5,825,387; claims 
1-9 and 12 of U.S. Patent No. 6,793,329; claims 8-10, 14, and 15 of 
U.S. Patent No. 6,074,042; claims 1-6 and 19-29 of U.S. Patent No. 
6,588,880; claims 1-7 and 11-18 of U.S. Patent No. 6,364,472; claims 6, 
7, 9, and 10 of U.S. Patent No. 6,089,687; and claims 1-3 and 5 of U.S. 
Patent No. 6,264,301, and whether an industry in the United States 
exists 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 entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:
    Ninestar Technology Co. Ltd., No. 63 Mingzhubei Road, Xiangzhou 
District, Zhuhai, Guangdong, China;
Ninestar Technology Company Ltd., 4620 Mission Boulevard, Montclair, 
California 91763;
Aurora Eshop, Inc. d/b/a butterflyinkjet.com, 2274 29th Avenue, San 
Francisco, California 94116;
IowaInk, LLC d/b/a iowaink.com, 1001 Office Park Rd., Suite 108, West 
Des Moines, Iowa 50265;
L2 Commerce, Inc. d/b/a PrintMicro.com, 718 Old San Francisco Rd., 
Sunnyvale, California 94086;
All Media Outlet Corp. d/b/a Inkandbeyond.com, 18545 E. Gale Ave., City 
of Industry, California 91748.

    (c) The Commission investigative attorney, party to this 
investigation, is David O. Lloyd, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Sidney 
Harris 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

[[Page 52577]]

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 respondent, 
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: August 31, 2006.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E6-14711 Filed 9-5-06; 8:45 am]
BILLING CODE 7020-02-P