Commission Requests Written Submissions Over Cartridge Imports

The U.S. International Trade Commission (USITC) is calling for written submissions on what it calls “remedy, the public interest, and bonding” over a complaint filed by Epson Portland Inc. of Hillsboro, Oregon; Epson America, Inc. of Long Beach, California; and Seiko Epson Corporation of Japan (collectively, “Epson”) on January 27, 2015.

Epson claims the sale within the United States after importation of certain ink cartridges and components infringe certain their U.S. patents (being 8,366,233; 8,454,116; 8,794,749; 8,801,163; and 8,882,513).

Originally, the notice of investigation named 19 respondents. However, Zhuhai Nano Digital Technology, Co., Ltd. of Guangdong, China and Nano Business and Technology, Inc. of Lake Oswego, Oregon were terminated by consent order on August 5, 2015.

On August 31, 2015, Epson moved for a summary determination of a violation of section 337 with the remaining 17 respondents with the intent of receiving the issuance of a general exclusion order (GEO) and cease and desist orders.

On September 16, 2015, the ALJ issued an initial determination (ID) partially terminating the investigation based on Epson’s withdrawal of certain claims.

On October 28, 2015, the ALJ issued the subject ID granting Epson’s motion for summary determination of violation and recommending the issuance of a general exclusion order and cease and desist orders.

The USITC has now stipulated that all written submissions and proposed remedial orders must be filed no later than close of business on Wednesday, December 30, 2015. Reply submissions must be filed no later than the close of business on Wednesday, January 6, 2015.

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