[Federal Register Volume 74, Number 208 (Thursday, October 29, 2009)]
[Notices]
[Pages 55856-55857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25997]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-691]


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 September 23, 2009, 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. A letter 
supplementing the complaint was filed on October 7, 2009. The complaint 
alleges violations of section 337 based upon 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 certain claims of U.S. Patent Nos. 
6,959,985; 7,104,630; 6,089,687; and 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 an 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: Benjamin Levi, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2781.

    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 (2009).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on October 22, 2009, ordered that--

[[Page 55857]]

    (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 that infringe one or more of claims 1-7 
and 22-28 of U.S. Patent No. 6,959,985; claims 1-10, 12, 14, 18-20, 22, 
26, and 28-35 of U.S. Patent No. 7,104,630; claims 6, 7, 9, and 10 of 
U.S. Patent No. 6,089,687; and claims 1-3, 5, and 6 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, CA 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:

Zhuhai Gree Magneto-Electric Co. Ltd., No. 205, Shihua West Road, 
Xiangzhou District, Zhuhai, Guangdong 519000, China
InkPlusToner.com, 7851 Alabama Ave. 5, Canoga Park, California 
91304
Mipo International Ltd., 7/F Wong Tze Building, No. 71 Hoi Yuen Road, 
Kwun Tong, Kowloon, Hong Kong
Mextec Group Inc. d/b/a Mipo America Ltd., 3100 N.W. 72nd Avenue 
106, Miami, Florida 33122
Shanghai Angel Printer Supplies Co. Ltd., No. 81 Kanguan Road, 
Zhujiajiao Industrial Zone, Qingpu District, Shanghai, China
SmartOne Services LLC d/b/a InkForSale.net, 27613 Del Norte Court, 
Hayward, California 94545
Shenzhen Print Media Co., Ltd., Room 10A Xingfu Ge Zhongfu Building 
(129), Fumin Rd., Futian District, Shenzhen, China
Comptree Ink d/b/a Meritline, ABCInk, EZ, Label, and CDR DVDR Media, 
18961 East Arenth Ave., City of Industry, California 91748
Zhuhai National Resources & Jingjie Imaging, Products Co., Ltd., No. 1 
Industrial Building, Pingdong 2 Road, Nanping S&T Industrial Community, 
Zhuhai, Guangdong, China
Tatrix International, 10 C, Garden Building, No. 1083 JiuZhou Road, 
Jida, Zhuhai, Guangdong, China 519015
Ourway Image Co., Ltd., No. 125 Renmin East Road, Zhuhai, Guangdong, 
China

    (c) The Commission investigative attorney, party to this 
investigation, is Benjamin Levi, 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 Paul J. 
Luckern, Chief Administrative Law Judge, U.S. International Trade 
Commission, shall designate 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 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 an exclusion order or 
a cease and desist order or both directed against the respondent.

    Issued: October 23, 2009.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-25997 Filed 10-28-09; 8:45 am]
BILLING CODE 7020-02-P