US Customs Become More Serious on “Dongle-Gear”

The Bureau of Customs and Border Protection (“Customs”) continue to take the “Dongle-Gear” patents seriously by continuing to deny the entry of the certain toner cartridges into the United States that infringe Canon’s patents.

According to documents submitted to RT Media, Customs has denied the entry of the products intended for three companies because they infringe the 337-TA-918 general exclusion order (GEO). Those companies, all based in California, are Xcess Technology Inc., Spectrum Imaging LLC, and Quantum Tech International Inc. The U.S. International Trade Commission (USITC) approved the Customs’ request and issued the seizure and forfeiture orders against the companies.

In May 2014, Canon filed a complaint with the USITC against 34 manufacturers, distributors and sellers of toner cartridges for infringement of its nine U.S. 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).

In June 2015, the Administrative Law Judge of USITC recommended a general exclusion order, as well as cease and desist orders on nine Defaulting Respondents, placing a 100 percent bond on all potentially infringing products that were importated during the Presidential review period.

Later the USITC officially granted a GEO on the 337-TA-918 investigation on August 31, 2015.