IN THE MATTER OF CERTAIN INKJET CARTRIDGES …….
IN THE MATTER OF CERTAIN INKJET CARTRIDGES …….
2010-04-11 at 5:25:30 pm #23624
In the Matter of Certain Inkjet Ink
Cartridges With Printheads and Components Thereof; Notice of
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.
requests that the Commission institute an investigation and, after the
investigation, issue an exclusion order and cease and desist orders.
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)
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;
For the purpose of the investigation so instituted, the following are
hereby named as parties upon which this notice of investigation shall be
(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:
Technology Co., Ltd., 1F, No. 28, R&D 2nd Rd., Science-Based
Industrial Park, Hsinchu City, Taiwan 30076.
Limited, Rm B 11/F Wong Tze Bldg., 71 Hoi Yuen Rd., Kwun Tong, Kowloon,
Mipo Science & Technology Co., Ltd., Guangzhou, Rm
3310-3313, Xin Yuan Building, No. 898 North Tianhe Road, Guangzhou,
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.
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
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.
March 31, 2010.
[Page Number 17436]
By order of the Commission.
Secretary to the Commission.
[FR Doc. 2010-7688 Filed
4-5-10; 8:45 am]
BILLING CODE 7020-02-P
Vol. 75, No. 065