[Federal Register Volume 73, Number 89 (Wednesday, May 7, 2008)]
[Notices]
[Pages 25768-25769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-9984]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-565 Consolidated Enforcement Proceeding]


In the Matter of Certain Ink Cartridges and Components Thereof; 
Notice of Institution of Formal Enforcement Proceeding

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 instituted a formal enforcement proceeding relating to 
exclusion orders and cease and desist orders issued at the conclusion 
of the above-captioned investigation.

FOR FURTHER INFORMATION CONTACT: Michael Haldenstein, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street, 
SW., Washington, DC 20436, telephone (202) 205-3041. Copies of all 
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) at http://edis.usitc.gov/. 
Hearing-impaired persons are advised that information on

[[Page 25769]]

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

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on March 23, 2006, based on a complaint filed by Epson Portland, Inc. 
of Oregon; Epson America, Inc. of California; and Seiko Epson 
Corporation of Japan (collectively ``Epson''). 71 FR 14720 (March 23, 
2006). The complaint, as amended, alleged violations of section 337 of 
the Tariff Act of 1930 (``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 1-3 
and 9 of U.S. Patent No. 6,502,917; claims 1, 31 and 34 of U.S. Patent 
No. 6,550,902; claims 1, 10 and 14 of U.S. Patent No. 6,955,422; claim 
1 of U.S. Patent No. 7,008,053; and claims 21, 45, 53 and 54 of U.S. 
Patent No. 7,011,397. The complaint further alleged that an industry in 
the United States exists as required by subsection (a)(2) of section 
337. The complainants requested that the Commission issue a general 
exclusion order and cease and desist orders. The Commission named as 
respondents 24 companies located in China, Germany, Hong Kong, Korea, 
and the United States. Several respondents were terminated from the 
investigation on the basis of settlement agreements or consent orders 
or were found in default.
    On March 30, 2007, the presiding ALJ (Judge Luckern) issued a final 
ID in the investigation finding a violation of section 337 with respect 
to certain respondents. He found the asserted claims valid and 
infringement by certain respondents' products. He recommended issuance 
of a general exclusion order and cease and desist orders directed to 
certain respondents and bond in the amount of $13.60 per cartridge 
during the Presidential review period.
    On October, 19, 2007, after review, the Commission made its final 
determination in the investigation, finding a violation of section 337. 
The Commission issued a general exclusion order, limited exclusion 
order, and cease and desist orders directed to several domestic 
respondents. The Commission also determined that the public interest 
factors enumerated in 19 U.S.C. 1337(d), (f), and (g) did not preclude 
issuance of the aforementioned remedial orders, and that the bond 
during the Presidential review period would be $13.60 per cartridge for 
covered ink cartridges.
    On February 8, 2008, complainant Epson filed two complaints seeking 
enforcement proceedings under Commission Rule 210.75. One complaint 
alleges that Ninestar Technology Co., Ltd.; Ninestar Technology 
Company, Ltd.; and Town Sky Inc. have violated the general exclusion 
order and that Ninestar Technology Company, Ltd. and Town Sky Inc. have 
violated the cease and desist orders directed to them. Epson's second 
complaint alleges that Mipo International Ltd. and Mipo America, Ltd. 
have violated the general and limited exclusion orders and that Mipo 
America, Ltd. has violated the cease and desist order directed to it.
    Having examined the complaints seeking a formal enforcement 
proceeding, and having found that the complaints comply with the 
requirements for institution of a formal enforcement proceeding 
contained in Commission rule 210.75, the Commission has determined to 
institute a consolidated formal enforcement proceeding to determine 
whether the five respondents are in violation of the Commission's 
exclusion orders and cease and desist orders issued in the 
investigation, and what, if any, enforcement measures are appropriate. 
The following entities are named as parties to the formal enforcement 
proceeding: (1) Complainant Epson, (2) respondents (Ninestar Technology 
Co., Ltd.; Ninestar Technology Company, Ltd.; Town Sky Inc.; Mipo 
America Ltd., and Mipo International, Ltd.) and (3) a Commission 
investigative attorney to be designated by the Director, Office of 
Unfair Import Investigations.
    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 section 210.75 of the Commission's Rules of Practice and Procedure 
(19 CFR 210.75).

    Issued: May 1, 2008.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E8-9984 Filed 5-6-08; 8:45 am]
BILLING CODE 7020-02-P