HP General Exclusion Order Expires

On May 11, 2018, the general exclusion order issued by the U.S. International Trade Commission in Inv. No. 337-TA-691, Certain Inkjet Ink Supplies and Components Thereof, expired with the expiration of the last patent covered by the order.

On September 23, 2009, the Hewlett-Packard Company filed a complaint with the ITC alleging infringement of its patents covering inkjet cartridges and components and naming eleven respondents. In the course of the investigation, seven respondents defaulted, one took a consent order, and the remaining three settled and were terminated from the investigation.

Thus, the investigation did not proceed to a trial, and on January 11, 2011, the ITC issued the 691 general exclusion order, which covered claims 6 and 9 of U.S. Patent Reg. No. 6,089,687 and claims I, 5, and 6 of U.S. Patent Reg. No. 6,264,30 1, and a cease and desist order against one respondent.

The ‘687 patent expired on March 9, 2018 and the ‘301 patent expired on May 11, 2018. With the expiration of the 691 general exclusion order, U.S. Customs and Border Protection no longer has the authority to detain products accused of violating the order.

Two HP general exclusion orders remain in force, the 723 order (Certain Inkjet Ink Cartridges with Printheads and Components Thereof) and the 730 order (Certain Inkjet Ink Supplies and Components Thereof).