IN THE MATTER OF CERTAIN INKJET CARTRIDGES …….

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Date: Sunday April 11, 2010 05:25:30 pm
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    http://www.tradingmarkets.com/news/stock-alert/hpq_in-the-matter-of-certain-inkjet-ink-cartridges-with-printheads-and-components-thereof-notice-of-inv-893423.html
    In the Matter of Certain Inkjet Ink
    Cartridges With Printheads and Components Thereof; Notice of
    Investigation

    Apr  2010–SUMMARY: Notice is
    hereby given that a complaint was filed with the U.S. International
    Trade Commission on March 5, 2010, 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 March 26, 2010. 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 cartridges with printheads and components thereof by
    reason of infringement of certain claims of U.S. Patent Nos. 6,234,598;
    6,309,053; 6,398,347; 6,412,917; 6,481,817; and 6,402,279. 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: Mareesa A. Frederick, Esq., Office of Unfair Import
    Investigations, U.S. International Trade Commission, telephone (202)
    205-2055.

    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
    March 31, 2010, 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 cartridges
    with printheads or
    components thereof that infringe one or more of claims 1-10 of U.S.
    Patent No. 6,234,598; claims 1-6 and 8-17 of U.S. Patent No. 6,309,053;
    claims 1-6 and 8-12 of U.S. Patent No. 6,398,347; claims 1-21 of U.S.
    Patent No. 6,412,917; claims 1-15 of U.S. Patent No. 6,481,817; and
    claims 9-16 of U.S. Patent No. 6,402,279, 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 St., 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:

    MicroJet
    Technology Co., Ltd., 1F, No. 28, R&D 2nd Rd., Science-Based
    Industrial Park, Hsinchu City, Taiwan 30076.

    Mipo Technology
    Limited, Rm B 11/F Wong Tze Bldg., 71 Hoi Yuen Rd., Kwun Tong, Kowloon,
    Hong Kong.

    Mipo Science & Technology Co., Ltd., Guangzhou, Rm
    3310-3313, Xin Yuan Building, No. 898 North Tianhe Road, Guangzhou,
    China.

    Mextec d/b/a Mipo America Ltd., 3100 NW. 72nd Ave. Ste.
    106, Miami, FL 33122, SinoTime Technologies, Inc. d/b/a All Colors, 3100
    NW. 72nd Ave. Ste. 106, Miami, FL 33122.

    PTC Holding Limited,
    Room B, 5/F, Mai Tak Industrial Building 221, Wai Yip Street, Kwun Tong,
    Kowloon, Hong Kong.

    (c) The Commission investigative attorney,
    party to this investigation, is Mareesa A. Frederick, 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)-(e) 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:
    March 31, 2010.
    [Page Number 17436]
    By order of the Commission.
    Marilyn
    R. Abbott,
    Secretary to the Commission.
    [FR Doc. 2010-7688 Filed
    4-5-10; 8:45 am]
    BILLING CODE 7020-02-P
    Vol. 75, No. 065
    [Inv.
    No. 337-TA-711]

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