ITC Judge Recommends A GEO for Dongle Gear Case

According to a file lately released from U.S. International Trade Commission (USITC), Administrative Law Judge David P. Shaw has issued his initial determination on the dongle gear case—“Certain Toner Cartridges and Components Thereof, titling No. 337-TA-918 investigation”.

In May 2014, Canon filed a complaint before the USITC against 34 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.

It’s suggested that the Commission issue a general exclusion order, as well as cease and desist orders to the nine domestic Defaulting Respondents, and that a 100 percent bond be established for importation during the Presidential review period.
Canon’s motion for summary determination of violations of section 337 by the Defaulting Respondents and Non-Participating Respondents is also granted.
This determination will become the determination unless a party filed a petition for review or the Commission on its own motion a review of the initial determination or certain issues herein.

Once granted, the GEO will “forbid entry into the United States of all toner cartridges and components thereof that infringe any of the Asserted Claims of the Asserted Patents. And permanent cease and desist orders will prohibit certain Defaulting Respondents from marketing (including via the Internet or electronic mail), distributing, selling (including via the Internet or electronic mail), offering for sale, warehousing inventory for distribution, or otherwise transferring or importing into the United States any toner cartridges and components thereof that infringe any of the Asserted Claims of the Asserted Patents”.

See Below the Current Status of Named Defendants: