On April 8, 2021, the ITC issued Notices of Investigation in Certain Toner Supply
Containers and Components Thereof (I) (Inv. No. 337-TA-1259)
and Certain Toner Supply Containers and Components Thereof
(II) (Inv. No. 337-TA-1260).
By way of background, this investigation is based on a March 8,
2021 complaint (see Part I, Part II, Part III, Part IV) filed by Canon Inc. of Japan, Canon
U.S.A., Inc. of Melville, New York, and Canon Virginia, Inc. of
Newport News, Virginia (collectively, "Canon") alleging
violations of Section 337 by 26 respondents in China and the U.S.
in the unlawful importation and/or sale in the U.S. of certain
toner supply containers and components thereof that infringe one or
more claims of U.S. Patent No. 10,209,667 ("the '667
patent"); U.S. Patent No. 10,289,060 ("the '060
patent"); U.S. Patent No. 10,289,061 ("the '061
patent"); U.S. Patent No. 10,295,957 ("the '957
patent"); U.S. Patent No. 10,488,814 ("the '814
patent"); U.S. Patent No. 10,496,032 ("the '032
patent"); U.S. Patent No. 10,496,033 ("the '033
patent"); U.S. Patent No. 10,514,654 ("the '654
patent"): U.S. Patent No. 10,520,881 ("the '881
patent"); U.S. Patent No. 10,520,882 ("the '882
patent"); U.S. Patent No. 8,565,649 ("the '649
patent"); U.S. Patent No. 9,354,551 ("the '551
patent"); and U.S. Patent No. 9,753,402 ("the '402
patent").
According to the complaint, the asserted patents fall into two
families with the patents in each family having the same disclosure
and similar claims. The Group I patents are the '667, '060,
'061, '957, '814, '032, '033, '654,
'881, and '882 patents. The Group II patents are the
'649, '551, and '402 patents. All the asserted patents
generally relate to toner supply containers for use in an
electrophotographic image forming apparatus, such as a copier. The
Group I patents are the subject of the 337-TA-1259 investigation
and the Group II patents are the subject of the 337-TA-1260
investigation.
Cannon is requesting that the Commission issue a general exclusion
order or, alternatively, a permanent limited exclusion order and a
permanent cease and desist order directed to each respondent.
According to the Notices of Investigation, the Office of Unfair
Import Investigations will participate as a party in both
investigations. Lastly, Chief ALJ Charles E. Bullock issued notices that ALJ David P. Shaw will preside in
the 337-TA-1259 investigation and ALJ Clark S. Cheney will preside
in the 337-TA-1260 investigation.
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