74 FR 208 pgs. 55856-55857 - Certain Inkjet Ink Supplies and Components Thereof; Notice of Investigation
Type: NOTICEVolume: 74Number: 208Pages: 55856 - 55857
Docket number: [Inv. No. 337-TA-691]
FR document: [FR Doc. E9-25997 Filed 10-28-09; 8:45 am]
Agency: International Trade Commission
Official PDF Version: PDF Version
INTERNATIONAL TRADE COMMISSION
[Inv. No. 337-TA-691]
Certain Inkjet Ink Supplies and Components Thereof; Notice of Investigation
AGENCY:
U.S. International Trade Commission.
ACTION:
Institution of investigation pursuant to 19 U.S.C. 1337.
SUMMARY:
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 23, 2009, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of Hewlett-Packard Company of Palo Alto, California. A letter supplementing the complaint was filed on October 7, 2009. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain inkjet ink supplies and components thereof by reason of infringement of certain claims of U.S. Patent Nos. 6,959,985; 7,104,630; 6,089,687; and 6,264,301. The complaint further alleges that an industry in the United States exists as required by subsection (a)(2) of section 337.
The complainant requests that the Commission institute an investigation and, after the investigation, issue an exclusion order and cease and desist orders.
ADDRESSES:
The complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Room 112, Washington, DC 20436, telephone 202-205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at http://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT:
Benjamin Levi, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2781.
Authority:
The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2009).
Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on October 22, 2009, ordered that -
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain inkjet ink supplies or components thereof that infringe one or more of claims 1-7 and 22-28 of U.S. Patent No. 6,959,985; claims 1-10, 12, 14, 18-20, 22, 26, and 28-35 of U.S. Patent No. 7,104,630; claims 6, 7, 9, and 10 of U.S. Patent No. 6,089,687; and claims 1-3, 5, and 6 of U.S. Patent No. 6,264,301, and whether an industry in the United States exists as required by subsection (a)(2) of section 337;
(2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:
(a) The complainant is-
Hewlett-Packard Company, 3000 Hanover Street, Palo Alto, CA 94304
(b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served:
Zhuhai Gree Magneto-Electric Co. Ltd., No. 205, Shihua West Road, Xiangzhou District, Zhuhai, Guangdong 519000, China
InkPlusToner.com, 7851 Alabama Ave. #5, Canoga Park, California 91304
Mipo International Ltd., 7/F Wong Tze Building, No. 71 Hoi Yuen Road, Kwun Tong, Kowloon, Hong Kong
Mextec Group Inc. d/b/a Mipo America Ltd., 3100 N.W. 72nd Avenue #106, Miami, Florida 33122
Shanghai Angel Printer Supplies Co. Ltd., No. 81 Kanguan Road, Zhujiajiao Industrial Zone, Qingpu District, Shanghai, China
SmartOne Services LLC d/b/a InkForSale.net, 27613 Del Norte Court, Hayward, California 94545
Shenzhen Print Media Co., Ltd., Room 10A Xingfu Ge Zhongfu Building (129), Fumin Rd., Futian District, Shenzhen, China
Comptree Ink d/b/a Meritline, ABCInk, EZ, Label, and CDR DVDR Media, 18961 East Arenth Ave., City of Industry, California 91748
Zhuhai National Resources Jingjie Imaging, Products Co., Ltd., No. 1 Industrial Building, Pingdong 2 Road, Nanping ST Industrial Community, Zhuhai, Guangdong, China
Tatrix International, 10 C, Garden Building, No. 1083 JiuZhou Road, Jida, Zhuhai, Guangdong, China 519015
Ourway Image Co., Ltd., No. 125 Renmin East Road, Zhuhai, Guangdong, China
(c) The Commission investigative attorney, party to this investigation, is Benjamin Levi, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; and
(3) For the investigation so instituted, the Honorable Paul J. Luckern, Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown.
Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent.
Issued: October 23, 2009.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. E9-25997 Filed 10-28-09; 8:45 am]
BILLING CODE 7020-02-P