ITC Sides with Epson in 337 Investigation on Ink Cartridges

The Administrative Law Judge (ALJ) of the U.S. International Trade Commission (USITC) has ordered 17 respondents are in default with Epson over the sale of infringing inkjet printer cartridges.

The ALJ noted that two respondents have settled with Epson.

No.9 (ID) and No.10 (subject ID) orders were issued on June 18 and July 8 respectively.

According to order No.9 (ID), 17 respondents “failed to answer the complaint and notice of investigation and have failed to show cause why they should not be found in default”. The following respondents were found by the ALJ to be in default:

• Aomya Printer Consumables (Zhuhai) Co., Ltd.
• Chancen Co., Ltd.
• Dongguan OcBestjet Printer Consumables Co., Ltd.
• Huebon Co., Ltd.
• InkPro2day, LLC
• Kingway Image Co., Ltd.
• OcBestjet Printer Consumables (HK) Co., Ltd.
• Orink Infotech International Co., Ltd.
• Ourway Image Co., Ltd.
• Shanghai Orink Infotech International Co., Ltd.
• Yotat (Zhuhai) Technology Co., Ltd.
• Yotat Group Co., Ltd.
• Zhuhai Chinamate Technology Co., Ltd.
• Zhuhai National Resources & Jingjie Imaging, Products Co., Ltd.
• Zhuhai Rich Imaging Technology Co., Ltd.
• Zhuhai Richeng Development Co., Ltd.
• Zinyaw LLC

Epson agreed to a joint motion with Zhuhai Nano Digital Technology, Co., Ltd. (China) and Nano Business and Technology, Inc. (USA)—collectively known as “Nano Digital”—to terminate the investigation with Nano Digital. This was based on a settlement agreement, consent order stipulation, and a proposed consent order. Later on July 8, the ALJ granted the joint motion and terminated the investigation as to Nano Digital and the Commission has determined not to review order No.10.

Back on December 23, 2014, Epson Portland Inc. of Hillsboro, OR, Epson America, Inc., of Long Beach in California, and Seiko Epson Corporation of Nagano in Japan filed a complaint to the USITC, alleging 19 aftermarket companies had violated its 5 U.S. patents: 8,366,233, 8,454,116, 8,794,749, 8,801,163 and 8,882,513. The plaintiff decided to request a 337 investigation based on the complaint and USITC agreed on the institution on January 21, 2015.

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