New GEO Recommended

Sandra (Dee) Lord (pictured), an Administrative Law Judge (ALJ) at the U.S. International Trade Commission (USITC), has issued her Final Initial Determination, titled No. 12, convinced that the 337-TA-946 the investigation has been violated.

In a 93 page document, she upholds the complaint made by Epson (which includes Epson Portland, Epson America and Seiko Epson) that compatible ink cartridges, and certain components contained in the cartridges, entering the US market, infringe Epson’s patent rights.

According to commission documents provided to RT Media, ALJ Dee Lord recommends a general exclusion order (GEO) be issued to remedy this violation, which will prohibit all respondents from importing certain ink cartridges and related components into the U.S.

The 17 Respondents involved in her Final Determination include:

• 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

Zhuhai Nano Digital Technology, Co., Ltd. (China) and Nano Business and Technology, Inc. (USA) have been excluded from the Determination based on consent orders they have signed.

In particular, the ALJ further recommends that cease and desist orders be issued against Respondents Zinyaw and InkPro2day.

The ALJ noted, that unless the USITC orders a review of her Final Determination within 45 days, then a general exclusion order (GEO) will be implemented.

On December 23, 2014, Epson filed a complaint alleging violations of the following five U.S. patent Nos.: 8,366,233; 8,454,116; 8,794,749; 8,801,163 and 8,882,513. Later on January 21, 2015, the USITC instituted an investigation based on Epson’s complaint.

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