ITC Institutes Patent Investigation of Toner Cartridges Brought by Lexmark
The International Trade Commission has instituted a section 337 patent-based investigation of certain toner cartridges and components thereof pursuant to a complaint.
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(The products at issue in this investigation are replaceable toner cartridges and components thereof used to supply toner to laser printers.)
Exclusion and Cease & Desist Orders Requested
The investigation is based on a complaint filed by Lexmark International, Inc., of Lexington, KY, 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 Lexmark.
The complainant requests that the ITC issue an exclusion order and cease and desist orders.
Companies Lexmark Alleges 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:
- Acecom Inc. San Antonio (d/b/a/ inksell.com) of San Antonio, TX
- ACM Technologies, Inc., of Corona, CA
- Alpha Image Tech of South El Monte, CA
- C & R Services, Incorporated of Corinth, TX
- Chung Pal Shin (d/b/a Ink Master) of Cerritos, CA
- Copy Technologies, Inc., of Atlanta, GA
- Direct Billing International Incorporated of Carlsbad, CA
- E-Toner Mart, Inc., of South El Monte, CA
- Huizhou Jahwa Electronics Co., Ltd., of China
- IJSS Inc. (d/b/a TonerZone.com Inc. and Inkjet Superstore) of Los Angeles, CA
- Ink Technologies Printer Supplies, LLC, of Dayton, OH
- Jahwa Electronics Co., Ltd., of South Korea
- Laser Toner Technology, Inc., of Atlanta, GA
- Nano Pacific Corporation of South San Francisco, CA
- Nectron International, Inc., of Sugarland, TX
- Ninestar Image Co., Ltd., of China
- Ninestar Image Int'l, Ltd., of China
- Ninestar Technology Company, Ltd., of Piscataway, NJ
- Print-Rite Holdings Ltd. of Hong Kong
- Quality Cartridges Inc. of Brooklyn, NY
- Seine Image International Co. Ltd. of Hong Kong
- Union Technology Int'l (M.C.O.) Co. of Macao
- Virtual Imaging Products, Inc., of Canada
- Ziprint Image Corporation 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 10/06/10, Inv. No. 337-TA-740)