[Federal Register Volume 84, Number 101 (Friday, May 24, 2019)]
[Notices]
[Pages 24182-24183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10848]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1106]
Certain Toner Cartridges and Components Thereof; Notice of a
Commission Determination To Affirm an Initial Determination Granting
Respondents' Motions for Summary Determination of Non-Infringement;
Finding of No Violation of Section 337; Termination of the
Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has determined to affirm the initial determination (``ID'')
(Order No. 40) of the presiding administrative law judge (``ALJ'')
granting certain respondents' respective motions for summary
determination of non-infringement. Accordingly, the Commission has
determined to find no violation of section 337. The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT: Clint Gerdine, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202) 708-2310. 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 https://www.usitc.gov. The public record for this investigation may be viewed
on the Commission's electronic docket (EDIS) at https://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
on March 29, 2018, based on a complaint filed on behalf of Canon Inc.
of Tokyo, Japan; Canon U.S.A. Inc. of Melville, New York; and Canon
Virginia, Inc. of Newport News, Virginia (collectively, ``Canon''). 83
FR 13516-17. The complaint alleges violations of section 337 of the
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``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
toner cartridges and components thereof by reason of infringement of
certain claims of U.S. Patent Nos. 9,746,826; 9,836,026; 9,841,727
(``the '727 patent''); 9,841,728 (``the '728 patent''); 9,841,729;
9,857,764; 9,857,765; 9,869,960; and 9,874,846. The Commission's notice
of investigation named numerous respondents, including: Ninestar
Corporation and Ninestar Image Tech Limited, both of Guangdong, China;
Ninestar Technology Company, Ltd. of City of Industry, California; and
Static Control Components, Inc. of Stanford, North Carolina
(collectively, ``Ninestar''); Print-Rite N.A., Inc. of La Vergne,
Tennessee; Union Technology International (M.C.O.) Co. Ltd. of
Rodrigues, Macau; Print-Rite Unicorn Image Products Co. Ltd. of Zhuhai,
China; The Supplies Guys, Inc. of Lancaster, Pennsylvania; and LD
Products, Inc. of Long Beach, California (collectively, ``Print-
Rite''); and Aster Graphics, Inc. of Placentia, California; Aster
Graphics Co., Ltd. of Guangdong, China; and Jiangxi Yibo E-tech Co.,
Ltd. of Jiangxi, China (collectively, ``Aster''; all collectively,
``the active respondents''). The Office of Unfair Import Investigations
(``OUII'') is also a party to the investigation. The '727 and '728
patents have been terminated from the investigation. See Order No. 18
(June 28, 2018), unreviewed by Comm'n Notice (July 23, 2018).
All other respondents have been found in default or terminated from
the investigation based on withdrawal of Canon's allegations as to
those respondents. See, e.g., Order No. 11 (May 2, 2018) (ID finding
eleven respondents in default); unreviewed by Comm'n Notice (May 23,
2018); Order No. 30 (Oct. 22, 2018) (ID terminating the investigation
as to a single respondent); unreviewed by Comm'n Notice (Nov. 19,
2018). Specifically, the following thirty-five respondents have been
found in default: Arlington Industries, Inc. of Waukegan, Illinois;
Ourway US Inc. of City of Industry, California; Print After Print, Inc.
d/b/a OutOfToner.com of Phoenix, Arizona; GPC Trading Co. Limited d/b/a
GPC Image of Kowloon, Hong Kong; ACM Technologies, Inc. of Corona,
California; Ourway Image Tech. Co., Ltd., Ourway Image Co., Ltd., and
Zhuhai Aowei Electronics Co., Ltd., all of Zhuhai, China; Acecom,
Inc.--San Antonio d/b/a InkSell.com of San Antonio, Texas; Bluedog
Distribution Inc. of Hollywood, Florida; i8 International, Inc. d/b/a
Ink4Work.com of City of Industry, California; Ink Technologies Printer
Supplies, LLC of Dayton, Ohio; Linkyo Corp. d/b/a SuperMediaStore.com
of La Puente, California; CLT Computers, Inc. d/b/a Multiwave and MWave
of Walnut, California; Imaging Supplies Investors, LLC d/b/a
SuppliesOutlet.com, SuppliesWholesalers.com, and OnlineTechStores.com
of Reno, Nevada; Online Tech Stores, LLC d/b/a SuppliesOutlet.com,
SuppliesWholesalers.com, and OnlineTechStores.com of Grand Rapids,
Michigan; Fairland, LLC d/b/a ProPrint of Anaheim Hills, California;
9010-8077 Quebec Inc. d/b/a Zeetoner of Quebec, Canada; World Class Ink
Supply, Inc. of Woodbury, New Jersey; EIS Office Solutions, Inc. and
Zinyaw LLC d/b/a TonerPirate.com, both of Houston, Texas;
eReplacements, LLC of Grapevine, Texas; Garvey's Office Products, Inc.
of Niles, Illinois; Master Print Supplies, Inc. d/b/a HQ Products of
Burlingame, California; Reliable Imaging Computer Products, Inc. of
Northridge, California; Frontier Imaging Inc. of Compton, California;
Hong Kong BoZe Company Limited d/b/a Greensky of New Kowloon, Hong
Kong; Apex Excel Limited d/b/a ShopAt247 of Rowland Heights,
California; Billiontree Technology USA Inc. d/b/a Toner Kingdom of City
of Industry, California; Kuhlmann Enterprises, Inc. d/b/a Precision
Roller of Phoenix, Arizona; FTrade Inc. d/b/a ValueToner of Staten
Island, New York; V4INK, Inc. of Ontario, California; Do It Wiser LLC
d/b/a Image Toner of Alpharetta, Georgia; Global Cartridges of
Burlingame, California; and Kingway Image Co., Ltd. d/b/a Zhu Hai
Kingway Image Co., Ltd. of Zhuhai, China.
On November 28, 2018, Print-Rite and Aster each moved for summary
determination that their respective
[[Page 24183]]
accused products do not infringe the asserted patents. On the same
date, Ninestar filed an unopposed motion for leave to file a motion for
summary determination that its accused products do not infringe the
asserted patents. All of the active respondents' motions were
contingent on the ALJ construing the asserted claims to require a
pivotable coupling member. Also, on the same date, Canon moved for
summary determination of infringement with respect to all of the
respondents' accused products, both active and defaulting. Canon's
motion was contingent on the ALJ construing the asserted claims to
require a coupling member that does not need to pivot or incline. On
December 10, 2018, Canon stated in its response to the two pending
summary determination motions that it would not oppose the motions if
the ALJ construed the asserted claims to require a pivotable coupling
member. On the same date, OUII filed a response supporting all of the
motions for summary determination of non-infringement, including
Ninestar's motion for leave to file its motion for summary
determination of non-infringement.
On February 28, 2019, the ALJ issued her Markman Order (Order No.
38) construing the asserted claims to require a pivotable coupling
member. On March 6, 2019, Ninestar moved, based on the Markman Order's
claim construction, for summary determination of non-infringement. On
March 8, 2019, Canon stated in its response to Ninestar's motion that
it would not oppose the motion based on the Markman Order.
On March 13, 2019, the ALJ issued the subject ID (Order No. 40)
granting each motion for summary determination of non-infringement. In
the subject ID, the ALJ also denied Canon's motion for summary
determination of infringement as moot. On March 25, 2019, Canon and the
Active Respondents each petitioned for review of the subject ID. On
April 1, 2019, Canon and the Active Respondents each filed a response
in opposition to the other party's petition for review. On the same
date, OUII filed a response in opposition to each petition for review.
On May 6, 2019, the Commission determined to review the ID and the
underlying Markman Order in their entirety and requested the parties to
respond to certain questions concerning the issues under review. On May
14, 2019, Canon filed its written submission in response to the
Commission questions. Canon stated that it does not seek relief against
the defaulting respondents unless the Markman Order's construction
requiring a pivotable coupling member is modified.
Having reviewed the record of the investigation, including Order
No. 40 and the Markman Order, the parties' briefing, and Canon's
response, the Commission has determined to affirm the subject ID.
Accordingly, the Commission finds no violation of section 337. The
investigation is terminated.
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 20, 2019.
Katherine Hiner,
Acting Secretary to the Commission.
[FR Doc. 2019-10848 Filed 5-23-19; 8:45 am]
BILLING CODE 7020-02-P