ALJ’s Initial Detemination for 337 Investigation on Canon’s Dongle Gear Case

According to ITC blog, Administrative Law Judge (ALJ) David P. Shaw issued two Orders (Nos. 20 and 22, respectively) on January 15 and January 16, 2015, granting two motions for summary determination in Certain Toner Cartridges and Components Thereof, titling No. 337-TA-918 investigation requested by Canon in May 2014. Accordingly, the motion was granted in part.

The Order No. 20 claims, “Canon moved for summary determination that the importation requirement of Section 337 is satisfied. Specifically, Canon sought a summary determination that the importation requirement was satisfied with respect to the accused products of the following respondents:  Jiangxi Yibo E-Tech Co., Ltd., Aster Graphics Co., Ltd., Aster Graphics, Inc. (collectively, “Aster”), American Internet Holdings, LLC, The Supplies Guys, LLC (collectively “Supplies Guys”), Shenzhen ASTA Official Consumable Co., Ltd., Acecom, Inc. —San Antonio, Do It Wiser LLC, Grand Image Inc., Green Project, Inc., Nectron International, Inc., Online Tech Stores, LLC, Printronic Corporation, and Zinyaw LLC.”

It is noted that ALJ Shaw initially determined that the importation requirement was satisfied as to the Aster and Supplies Guys respondents, while respondents Shenzhen ASTA Official Consumable Co., Ltd., Acecom, Inc. —San Antonio, Do It Wiser LLC, Grand Image Inc., Green Project, Inc., Nectron International, Inc., Online Tech Stores, LLC, Printronic Corporation, and Zinyaw LLC (collectively, the “defaulting respondents”) were found to be in default. At this time, ALJ Shaw declined to grant summary determination as to the defaulting respondents. So the motion was granted in part.

Further, according to the Order No. 22, Canon moved for summary determination that it satisfies the economic prong of the domestic industry requirement.  ALJ Shaw found that Canon satisfied the economic prong as it showed that its activities in the U.S. related to the asserted patents satisfy each of the three prongs of 19 U.S.C. § 1137(a)(3).

In May 2014, Canon filed a complaint before the U.S. International Trade Commission (USITC) against 33 manufacturers, distributors and sellers of toner cartridges for infringement of nine patents (Nos. 8,135,304; 8,280,278; 8,369,744; 8,565,640; 8,630,564; 8,676,085; 8,676,090; 8,682,215; and 8,688,008). With this complaint, Canon requested USITC to issue a general exclusion order, or, at the very least, a limited exclusion order, forbidding entry into the United States of all toner cartridges and components that infringe the asserted patents.