[Federal Register Volume 84, Number 184 (Monday, September 23, 2019)]
[Notices]
[Pages 49762-49763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20461]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1174]
Certain Toner Cartridges, Components Thereof, and Systems
Containing Same; Institution of Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that a complaint was filed with the
U.S. International Trade Commission on August 19, 2019, under section
337 of the Tariff Act of 1930, as amended, on behalf of Brother
Industries, Ltd. of Japan, Brother International Corp. (U.S.A.) of
Bridgewater, New Jersey, and Brother Industries (U.S.A., Inc.) of
Bartlett, Tennessee. A supplement to the complaint was filed on August
20, 2019. 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 toner
cartridges, components thereof, and systems containing same by reason
of infringement of certain claims of U.S. Patent No. 9,568,856 (``the
'856 patent''); U.S. Patent No. 9,575,460 (``the '460 patent''); U.S.
Patent No. 9,632,456 (``the '456 patent''); U.S. Patent No. 9,785,093
(``the '093 patent''); and U.S. Patent No. 9,846,387 (``the '387
patent''). The complaint further alleges that an industry in the United
States exists as required by the applicable Federal Statute.
The complainant requests that the Commission institute an
investigation and, after the investigation, issue a general exclusion
order, or in the alternative a limited 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 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.
FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of
Unfair Import Investigations, U.S. International Trade Commission,
telephone (202) 205-2560.
SUPPLEMENTARY INFORMATION: The authority for institution of this
investigation is contained in section 337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, and in section 210.10 of the Commission's
Rules of Practice and Procedure, 19 CFR 210.10 (2019).
Scope of Investigation: Having considered the complaint, the U.S.
International Trade Commission, on September 17, 2019, 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 products
identified in paragraph (2) by reason of infringement of one or more of
claims 1-5, 10, and 12-15 of the '093 patent; claims 1, 7-11, 15, and
16 of the '460 patent; claims 1-7 and 9 of the '856 patent; claims 1,
4-5, and 9 of the '456 patent; and claims 1, 3, 5, 7-12, and 18 of the
'387 patent; and whether an industry in the United States exists as
required by subsection (a)(2) of section 337;
(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of
Practice and Procedure, 19 CFR 210.10(b)(1), the plain language
description of the accused products or category of accused products,
which defines the scope of the investigation, is ``laser toner
cartridges designed for use with Brother printers, fax machines, and
Multi-Function Centers (`MFCs')'';
(3) 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:
Brother Industries, Ltd., 15-1, Naeshiro-cho, Mizuho-ku Nagoya-shi,
Aichi-ken, Japan 467-8561
[[Page 49763]]
Brother International Corporation (U.S.A.), 200 Crossing Boulevard,
Bridgewater, NJ 08807
Brother Industries (U.S.A.), Inc., 7819 North Brother Boulevard,
Bartlett, TN 38133
(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:
AMI Brothers, Inc., 1001 Bayhill Drive, Suite 200, San Bruno, CA 94066
An An Beauty Limited, Flat/Room 2104 21/F, Mongkok Commercial Centre,
16 Argyle Street, Mongkok, Kowloon, Hong Kong 999077
Aster Graphics, Inc., 12000 Magnolia Avenue, Suite 101, Riverside, CA
92503
Aztech Enterprises Limited, Units 1206, 12/F, Cheuk Nang Center, 9
Hillwood Road, Kowloon, Hong Kong 999077
Billiontree Technology USA Inc., 19945 Harrison Avenue, City of
Industry, CA 91789
Carlos Imaging Supplies, Inc., PMB 540, 17128 Colima Road, Hacienda
Heights, CA 91745
Cartridge Evolution, Inc., 120 41st Street, Unit 3R, Brooklyn, New York
11232
Do it Wiser, LLC, 3422 Old Capital Trail, Suite 747, Wilmington, DE
19808
Eco Imaging Inc., PMB A839, 14252 Culver Drive, Irvine, CA 92604
Ecoolsmart Co., PMB 322, 17360 Colima Road, Rowland Heights, CA 91748
EPrinter Solution LLC, 2705 Pomona Boulevard, Pomona, CA 91768
E-Z Ink Inc., 120 41st Street, Unit 2R, Brooklyn, NY 11232
Globest Trading Inc., 1251 South Rockefeller Avenue, Unit B, Ontario,
CA 91761
Greencycle Tech, Inc., 9638 Rush Street, Unit E, South El Monte, CA
91733
Hongkong Boze Co., Ltd., Flat/Room A 27/F, Billion Plaza 2, 10 Cheung
Yee Street, Lai Chi Kok, Kowloon, Hong Kong 999077
I8 International, Inc., 19961 Harrison Avenue, City of Industry, CA
91789
IFree E-Commerce Co., Flat/Room B 8/F, Chong Ming Building, 72 Cheung
Sha Wan Road, Kowloon, Hong Kong 999077
Ikong E-Commerce, PMB 429, 385 South Lemon Avenue, Suite E, Walnut, CA
91789
Intercon International Corp., PMB 109, 407 West Imperial Highway, Suite
H, Brea, CA 92821
IPrint Enterprise Limited, Rooms 1318-19, 13/F, Hollywood Plaza, 610
Nathan Road, Mongkok, Kowloon, Hong Kong 999077
LD Products, Inc., 3700 Cover Street, Long Beach, CA 90808
Linkyo Corp., 629 South 6th Avenue, La Puente, CA 91746
Mangoket LLC, 1641 West Main Street, Suite 222, Alhambra, CA 91801
New Era Image LLC, 1499 Pomona Road, Suite G, Corona, CA 92882
OW Supplies Corp., 13445 Estelle Street, Corona, CA 92879
Solong E-Commerce Co., LLC, Flat/Room 19C, Lockhart Center, 301-307
Lockhart Road, Wan Chai, Hong Kong 999077
Smartjet E-Commerce Co., LLC, Flat/Room A 20/F, Kiu Fu Commercial
Building, 300 Lockhart Road, Wan Chai, Hong Kong 999077
Super Warehouse Inc., 1160 Yew Avenue, DSS-5179, Blaine, WA 98230
Theresa Meng, 1424 Bath Avenue, Brooklyn, NY 11228
Triple Best LLC, 13858 Torrey Bella Court, San Diego, CA 92129
V4ink, Inc., PMB 296, 516 North Diamond Bar Boulevard, Diamond Bar, CA
91765
Zhuhai Xiaohui E-Commerce Co., Ltd., Room 502, Factory Five, No. 12,
Pingdong 3rd Road, Nanping Keji Industrial Park, Xiangzhou District,
Zhuhai, China 519000
(c) The Office of Unfair Import Investigations, U.S. International
Trade Commission, 500 E Street SW, Suite 401, Washington, DC 20436; and
(4) For the investigation so instituted, the 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(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: September 17, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-20461 Filed 9-20-19; 8:45 am]
BILLING CODE 7020-02-P