[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)]
[Notices]
[Pages 35379-35380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12922]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-946]


Certain Ink Cartridges and Components Thereof; Issuance of a 
General Exclusion Order and Cease and Desist Orders; 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 determined to issue: (1) A general exclusion order 
(``GEO'') barring entry of certain ink cartridges and components 
thereof that infringe the patents asserted in this investigation; and 
(2) cease and desist orders (``CDOs'') directed against two domestic 
defaulting respondents. The Commission has terminated this 
investigation.

FOR FURTHER INFORMATION CONTACT: Michael Liberman, Esq., Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-3115. 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 
under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 
(``section 337''), on January 27, 2015, based on a complaint filed by 
Epson Portland Inc., Epson America, Inc. and Seiko Epson Corporation 
(collectively, ``Epson,'' or Complainants). 80 FR 4314-16 (Jan. 27, 
2015). The complaint alleges a violation of section 337 by reason of 
infringement of certain claims of U.S. Patent No. 8,366,233 (``the '233 
patent''); U.S. Patent No. 8,454,116 (``the '116 patent''); U.S. Patent 
No. 8,794,749 (``the '749 patent''); U.S. Patent No. 8,801,163 (``the 
'163 patent''); and U.S. Patent No. 8,882,513 (``the '513 patent'') 
(collectively, the ``Asserted Patents'') by numerous respondents. Id. 
In particular, the notice of investigation named the following nineteen 
entities as respondents: Zhuhai Nano Digital Technology Co., Ltd. of 
Zhuhai, China; Nano Business & Technology, Inc. of Lake Oswego, Oregon; 
Zhuhai National Resources & Jingjie Imaging Products Co., Ltd. of 
Zhuhai, China; Huebon Co. Ltd. of Hong Kong; Chancen Co., Ltd. of Hong 
Kong; Zhuhai Rich Imaging Technology Co., Ltd. of Zhuhai, China; 
Shanghai Orink Infotech International Co., Ltd. of Shanghai, China; 
Orink lnfotech International Co., Ltd. of Hong Kong; Zinyaw LLC of 
Houston, Texas; Yotat Group Co., Ltd. of Hong Kong; Yotat (Zhuhai) 
Technology Co., Ltd. of Zhuhai, China; Ourway Image Co., Ltd. of 
Zhuhai, China; Kingway Image Co., Ltd. of Zhuhai, China; Zhuhai 
Chinamate Technology Co., Ltd. of Zhuhai, China; InkPro2day, LLC of Los 
Angeles, California; Dongguan OcBestjet Printer Consumables Co., Ltd. 
of Dongguan, China; OcBestjet Printer Consumables (HK) Co., Ltd. of 
Hong Kong; Aomya Printer Consumables (Zhuhai) Co., Ltd. of Guangdong, 
China; and Zhuhai Richeng Development Co., Ltd. of Zhuhai, China. The 
Commission's Office of Unfair Import Investigations (``OUII'') was also 
named as a party.
    On June 18, 2015, the ALJ issued an initial determination (``ID'') 
(Order No. 9) finding in default respondents Huebon Co.; Ltd., Chancen 
Co., Ltd.; Yotat Group Co., Ltd.; Ourway Image Co., Ltd.; Shanghai 
Orink Infotech International Co., Ltd.; Orink Infotech International 
Co., Ltd.; Kingway Image Co., Ltd.; Zhuhai Chinamate Technology Co., 
Ltd.; Yotat (Zhuhai) Technology Co., Ltd.; Zhuhai Richeng Development 
Co., Ltd.; Dongguan OcBestjet Printer Consumables Co., Ltd.; OcBestjet 
Printer Consumables (HK) Co., Ltd.; Zinyaw LLC; InkPro2day; LLC, Aomya 
Printer Consumables (Zhuhai) Co., Ltd.; Zhuhai National Resources & 
Jingjie Imaging Products Co., Ltd.; and Zhuhai Rich Imaging Technology 
Co., Ltd. (collectively, ``the Defaulting Respondents'') (not reviewed 
Jul. 10, 2015). On July 8, 2015, the ALJ issued an ID (Order No. 10) 
terminating the investigation as to remaining named respondents Zhuhai 
Nano Digital Technology, Co., Ltd. (China) and Nano Business and 
Technology, Inc. (USA) based on a settlement agreement and consent 
order (not reviewed Aug. 5, 2015).
    All of the respondents in this investigation have either defaulted 
or entered into consent orders that have been approved by the 
Commission. On September 16, 2015, the ALJ issued an ID (Order No. 11) 
partially terminating the investigation based on Epson's withdrawal of 
certain claims (not reviewed Oct. 15, 2015). Claims 1 and 10 of the 
'233 patent; claims 9, 14, 18, and 21 of the '116 patent; claims 1, 18, 
49, and 60 of the '749 patent; claims 1 and 6 of the '163 patent; and 
claims 14, 15, and 19 of the '513 patent remain pending in this 
investigation. ID at 3.
    On August 31, 2015, Epson filed a motion for summary determination 
of violation by the Defaulting Respondents. The IA filed a response in 
support of the motion on September 11, 2015. No respondent filed a 
response to the motion.
    On October 28, 2015, the ALJ issued an ID (order No. 12) granting 
Complainants' motion for summary determination. No party petitioned for 
review of the ID. The Commission

[[Page 35380]]

determined to review-in-part the subject ID and, on review, to affirm 
the ID with certain modifications to the ALJ's findings regarding the 
importation requirement. Notice of Commission Determination To Review 
an ID in Part and, on Review, to Affirm a Finding of a Violation of 
Section 337 dated December 14, 2015 (``Commission Notice'') at 2. See 
80 Fed. Reg. 79097-99 (Dec. 18, 2015). The Commission's determination 
resulted in a finding of a violation of section 337.
    The Commission requested written submissions on remedy, public 
interest, and bonding. Id. Complainants and OUII timely filed their 
submissions pursuant to the Commission Notice. No other parties filed 
submissions in response to the Commission Notice. No submissions were 
filed by the public.
    Having reviewed the submissions filed in response to the 
Commission's Notice and the evidentiary record, the Commission has 
determined that the appropriate form of relief in this investigation 
is: (a) A GEO prohibiting the unlicensed importation of certain ink 
cartridges and components thereof covered by one or more of claims 1 
and 10 of the '233 patent; claims 9, 14, 18, and 21 of the '116 patent; 
claims 1, 18, 49, and 60 of the '749 patent; claims 1 and 6 of the '163 
patent; and claims 14, 15, and 19 of the '513 patent; and (b) CDOs 
directed against respondents Zinyaw and InkPro2day.
    The Commission has further determined that the public interest 
factors enumerated in subsections (d)(l) and (f)(1) (19 U.S.C. 
1337(d)(l), (f)(1)) do not preclude issuance of the above-referenced 
remedial orders. Additionally, the Commission has determined that a 
bond in the amount of one hundred (100) percent of the entered value is 
required to permit temporary importation of the articles in question 
during the period of Presidential review (19 U.S.C. 1337(j)). The 
Commission has also issued an opinion explaining the basis for the 
remedy. The investigation is terminated.
    The Commission's orders and the record upon which it based its 
determination were delivered to the President and to the United States 
Trade Representative on the day of their issuance. The Commission has 
also notified the Secretary of the Treasury of the orders.
    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 Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: May 26, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-12922 Filed 6-1-16; 8:45 am]
 BILLING CODE 7020-02-P