U.S. International Trade Commission Finds in Favor of HP in Inkjet Print Cartridge Infringement Suit
Federal commission recommends general exclusion order, names additional infringement violations in latest patent ruling
PALO ALTO, Calif., Oct 2011 — HP today announced it has obtained a favorable review by the U.S. International Trade Commission (ITC) regarding the importation and sale of patent-infringing inkjet print cartridges.The ruling by the full ITC upholds the Initial Determination announced in June 2011 and makes additional findings of infringement.Specifically, the ITC agreed with the Initial Determination that Asia Pacific Microsystems (APM), a subsidiary of Taiwan-based United Microelectronics Corporation, is a contributory infringer of HP patents in manufacturing inkjet printheads. In addition, the ITC determined that APM was liable for inducing infringement by other companies in supplying inkjet printheads.
In its latest ruling, the ITC also affirmed the finding that MicroJet Technology Co. — a subsidiary of Taiwan-based DB-Tel Incorporated — and PTC Holdings Limited are direct infringers of HP’s patents in the manufacturing and/or sale of inkjet print cartridges. The ITC adopted the Administrative Law Judge’s recommendation that a General Exclusion Order is the appropriate remedy. The order directs the U.S. Customs Service to exclude all infringing articles, without regard to source.
"HP makes a tremendous investment in developing innovative products for our customers and is committed to pursuing action to protect these innovations and, by extension, the value we deliver to our customers," said Vyomesh Joshi, executive vice president, Imaging and Printing Group, HP. "HP is pleased with the outcome on these matters and the ITC’s enforcement of intellectual property rights."
The decision is based on investigations into a complaint filed by HP and instituted by the ITC on June 21, 2010, alleging violations of Section 337 of the Tariff Act of 1930 in the importation into the United States and sale of HP-compatible inkjet print cartridges that infringe HP patents.