ITC Issued GEO for Brother
On November 23, the U.S. International Trade Commission (ITC) issued a final determination, a general exclusion order, and twenty cease-and-desist orders in certain toner Cartridges, components thereof, and systems containing same, ITC Inv. No. 337-TA-1174.
The final determination confirms Administrative Law Judge (“ALJ”) Clark S. Cheney’s finding that thirty entities violated Section 337 of the Tariff Act of 1930, as amended (19 C.F.R. § 1337), based on their importation into the United States, sale for importation, and/or sale within the United States after importation of toner cartridges and components thereof that infringe certain of Brother’s patents.
The ITC determined not to review ALJ Cheney’s findings that Brother’s claims were established by substantial, reliable, and probative evidence, including Brother’s claim that an exclusion order limited to just the products of the named respondents would likely be circumvented, and that there is a widespread pattern of violation of Section 337 with regard to the accused toner cartridges. These findings derived from a complaint that Brother filed on August 19, 2019, and the investigation that was instituted on September 23, 2019, based on that complaint.
Brother is pleased that the ITC left ALJ Cheney’s findings intact and issued a general exclusion order and cease-and-desist orders. These orders will become final on January 22, 2021, after a 60-day Presidential review period. Meanwhile, Brother remains committed to protecting its intellectual property and investments made in providing its customers with superior and reliable toner technology.
Previously, The USSITC Inv. No 1174 brought by Brother in September 2019 in search of a general exclusive order (GEO) against WHICH CCDS, entered its final stage.
The Commission would next hear arguments from the parties, the relevant governmental agencies, and any interested third parties on how it should rule. The Commission had set September 22, 2020 as the deadline for filing briefs on the issues of remedy, the public interest, and bonding. The Commission would issue its final determination by November 23, 2020.
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