[Federal Register Volume 75, Number 122 (Friday, June 25, 2010)]
[Notices]
[Pages 36442-36443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15413]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-723]


In the Matter of Certain Inkjet Ink Cartridges With Printheads 
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 May 25, 2010, 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 and Hewlett-Packard 
Development Company, L.P. of Houston, Texas. A letter supplementing the 
complaint was filed on June 16, 2010. 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 cartridges with printheads and 
components thereof by reason of infringement of certain claims of U.S. 
Patent Nos. 6,234,598 (``the `598 patent''); 6,309,053 (``the `053 
patent''); 6,398,347 (``the `347 patent''); 6,412,917 (``the `917 
patent''); 6,481,817 (``the `817 patent''); and 6,402,279 (``the `279 
patent''). The complaint further alleges that an industry in the United 
States exists as required by subsection (a)(2) of section 337.
    The complainants request that the Commission institute an 
investigation and, after the investigation, issue an exclusion order 
and cease and desist orders.

[[Page 36443]]


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://www.edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Rett Snotherly, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2599.

    Authority:  The authority for institution of this investigation 
is contained in section 337 of the Tariff Act of 1930, as amended, 
and in Sec.  210.10 of the Commission's Rules of Practice and 
Procedure, 19 CFR 210.10 (2010).

    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on June 18, 2010, 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 
cartridges with printheads or components thereof that infringe one or 
more of claims 1-10 of the `598 patent; claims 1-6 and 8-17 of the `053 
patent; claims 1-6 and 8-12 of the `347 patent; claims 1-21 of the `917 
patent; claims 1-15 of the `817 patent; and claims 9-16 of the `279 
patent, 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 complainants are:
Hewlett-Packard Company, 3000 Hanover Street, Palo Alto, CA 94304.
Hewlett-Parkard Development Company, L.P., 11455 Compaq Center Drive 
West, Houston, TX 77070.
    (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:
MicroJet Technology Co., Ltd., 1F, No. 28, R&D 2nd Rd., Science-Based 
Industrial Park, Hsinchu City, Taiwan 30076, Asia Pacific Microsystems, 
Inc., No. 2, R&D Rd. 6, Science-Based Industrial Park, Hsinchu City, 
Taiwan 30076.
Mipo Technology Limited, Rm B 11/F Wong Tze Bldg., 71 Hoi Yuen Rd., 
Kwun Tong, Kowloon, Hong Kong.
Mipo Science & Technology Co., Ltd., Guangzhou, Rm. 3310-3313, Xin Yuan 
Building, No. 898 North Tianhe Road, Guangzhou, China.
Mextec d/b/a Mipo America Ltd., 3100 N.W. 72nd Ave. 106, 
Miami, FL 33122.
SinoTime Technologies, Inc. d/b/a All Colors, 3100 NW 72nd Ave. Ste. 
106, Miami, FL 33122.
PTC Holdings Limited. Room B, 5/F, Mai Tak Industrial Building, 221 Wai 
Yip Street, Kwun Tong, Kowloon. Hong Kong.
    (c) The Commission investigative attorney, party to this 
investigation, is Rett Snotherly, 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 Sec.  210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d)-(e) 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.

    By order of the Commission.

    Issued: June 21, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-15413 Filed 6-24-10; 8:45 am]
BILLING CODE 7020-02-P