Aster Graphics Named in Brother GEO Request
On July 23, 2020, Administrative Law Judge (ALJ) Clark S. Cheney (pictured) recommended that the US International Trade Commission (USITC) issue a general exclusion order (GEO) and various cease-and-desist orders on behalf of Brother International Corporation (Brother).
Aster Graphics Inc (Aster) was the sole manufacturer named by Brother in its 337 complaint, filed on August 19, 2019. In its complaint, Brother alleged infringement of the patents covering its laser toner cartridges, including U.S. Patents Nos. 9,568,856; 9,575,460; 9,632,456; 9,785,093; and 9,846,387. In all, the complaint named 32 respondents, most of whom were U.S.-based importers and resellers. The resulting investigation was designated USITC No. 337-TA-1174.
In the very brief, single-paged notice issued on July 23, 2020, ALJ Cheney said, “I have granted summary determination that a violation of section 337 of the Tariff Act of 1930, as amended, has occurred in 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 the same, by reason of infringement.”
Merritt Blakeslee (pictured) from the Blakeslee Law Firm specialises in International trade law. He explained to RT Media that the single-page notice simply says that ALJ Cheney has recommended to the Commission that it issue a general exclusion order and various cease and desist orders.
“ALJ Cheney issued his initial determination as a confidential document. It will be a lengthy document detailing the evidence and the reasoning supporting his determination. A public version will be issued at some point but is not available now,” Blakeslee said.
Blakeslee is a popular speaker at RT ImagingWorld and RemaxWorld events and has several clients in the printer cartridge industry.
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