ITC Institutes Patent Investigation of Inkjet Supplies Brought by Hewlett-Packard
The International Trade Commission has instituted a section 337 patent-based investigation of certain inkjet ink supplies and components thereof, pursuant to a complaint.
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
(The products at issue in this investigation are ink supplies and components thereof used in, for example, inkjet printers.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Hewlett-Packard Company of Palo Alto, CA, and Hewlett-Packard Development Company, L.P. of Houston, TX, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain inkjet ink supplies and components thereof that infringe patents asserted by Hewlett-Packard.
The complainants request that the ITC issue an exclusion order and cease and desist orders.
Respondents Alleged to Be in Violation of Section 337
The ITC has identified the following respondents alleged to be in violation of section 337 in this investigation:
Mextec Group Inc. d/b/a Mipo America Ltd., of Miami, FL;
Mipo International Ltd. of Hong Kong;
Ourway Image Co., Ltd., of China;
Shanghai Angel Printer Supplies Co. Ltd., of China;
Shenzhen Print Media Co., Ltd., of China;
Tatrix International, of China; and
Zhuhai National Resources & Jingjie Imaging Products Co., Ltd., of China.
ALJ to Determine if Violation Occurred
By instituting this investigation, the ITC has not yet made any decision on the merits of the case. The case will be referred to an ITC administrative law judge (ALJ), who will make an initial determination as to whether there is a violation of section 337, which is subject to review by the ITC.
(Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.)
(Press release dated 07/26/10, Inv. No. 337-TA-730)