ITC Institutes Patent Investigation of Toner Cartridges Brought by Canon

(The products at issue in this investigation are replaceable toner cartridges and components thereof, including photosensitive drums.)

Exclusion and Cease & Desist Orders Requested

The investigation is based on a complaint filed by Canon, Inc., of Tokyo, Japan, Canon U.S.A., Inc., of Lake Success, New York, and Canon Virginia, Inc., of Newport News, Virginia, which alleges violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of certain toner cartridges and components thereof that infringe patents asserted by Canon.

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:

123 Refills, Inc., of Irwindale, CA;

ACM Technologies, Inc., of Corona, CA;

Compu-Imaging, Inc., of Doral, FL;

Copy Technologies, Inc., d/b/a ITM Corporation, of Atlanta, GA;

Direct Billing International, Inc., d/b/a OfficeSupplyOutfitters.com of Carlsbad, CA;

EIS Office Solutions, Inc., of Houston, TX;

LD Products, Inc., of Long Beach, CA;

Nano Pacific Corp. of South San Francisco, CA;

Ninestar Image Co., Ltd., of Hong Kong;

Ninestar Image Int'l, Ltd., of China;

Ninestar Management Co., Ltd., of China;

Ninestar Tech. Co., Ltd., of City of Industry, CA;

Ninestar Technology Co., Ltd., of China;

Printer Essentials.com, Inc., of Reno, NV;

Red Powers, Inc., d/b/a LaptopTraveller.com of Alhambra, CA;

Seine Image Int'l Co., Ltd., of Hong Kong;

Town Sky, Inc., of South San Francisco, CA;

XSE Group, Inc., d/b/a Image Star of Middletown, CT;

Zhuhai Seine Technology Co., Ltd., of China; and

Ziprint Image Corp. of Walnut, CA.

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-731)