[Federal Register: May 1, 2002 (Volume 67, Number 84)]
[Notices]
[Page 21733-21734]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01my02-118]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-446]
In the Matter of Certain Ink Jet Print Cartridges and Components
Thereof; Notice of Issuance of Limited Exclusion Order and Cease and
Desist Orders; Termination of the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission determined to reverse-in-part the presiding administrative
law judge's (``ALJ'') initial determination (``ID'') of January 25,
2002, in the above-captioned investigation, and determined that the
accused devices infringe claim 4 of U.S. Letters Patent 4,635,073
(``the `073 patent''), and that complainant Hewlett-Packard Company
(``HP'') has satisfied the technical prong of the domestic industry
requirement with respect to the `073 patent. Having found a violation
of section 337 of the Tariff Act of 1930, 19 U.S.C. 1337, the
Commission issued a limited exclusion order and cease and desist
orders, and terminated the investigation.
FOR FURTHER INFORMATION CONTACT: Peter L. Sultan, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street,
SW., Washington, DC 20436, telephone 202-205-3094. Copies of the
limited exclusion order and cease and desist order and all other
nonconfidential documents filed in connection with this investigation
are or will be 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., Washington, DC 20436,
telephone 202-205-2000. General information concerning the Commission
may also be obtained by accessing its Internet server (http://
www.usitc.gov). The public record for this investigation may be viewed
on the Commission's electronic docket (EDIS-ON-LINE) at http://
dockets.usitc.gov/eol.public. Hearing-impaired persons are advised
[[Page 21734]]
that information on the matter can be obtained by contacting the
Commission's TDD terminal on 202-205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on the basis of a complaint filed by HP, alleging a violation of
section 337 of the Tariff Act of 1930 in the importation and sale of
certain ink jet print cartridges and components thereof by reason of
infringement of U.S. Letters Patent 4,827,294; 4,635,073 (``the '073
patent''); 4,680,859; 4,872,027; 4,992,802; and 5,409,134. The
complaint named five respondents: Microjet Technology Co., Ltd. of
Taipei, Taiwan; Printer Essentials of Reno, Nevada; Price-Less Inkjet
Cartridge Company of Port Charlotte, Florida (``Price Less'');
Cartridge Hut and Paperwork Plus of Sun City, California (``Cartridge
Hut''); and ABCCo.net, Inc. of Port Charlotte, Florida (``ABC''). The
investigation was later terminated on the basis of consent order
agreements with respect to Printer Essentials and Cartridge Hut.
The ALJ issued his final ID, along with a recommended determination
on remedy and bonding, on January 25, 2002. He concluded that there was
a violation of section 337, based on the following findings: (a) that
the asserted claims of all of the patents at issue, except for claim 4
of the '073 patent, are infringed by respondents Microjet, Price-Less
and ABC; and (b) that an industry exists in the United States that
exploits each of the patents in issue, except the '073 patent. The ALJ
recommended a bond of 100% of entered value during the Presidential
review period, and a limited exclusion order issue against Microjet,
and cease and desist orders against Price-Less and ABC.
On March 7, 2002, the Commission determined (1) to review the ALJ's
construction of claim 4 of the '073 patent and his findings of no
infringement and no domestic industry with respect to the `073 patent;
(2) not to review the remainder of the ID. On review, the Commission
determined that the accused devices infringe claim 4 of the '073
patent, and that complainant HP has satisfied the technical prong of
the domestic industry requirement with respect to the '073 patent.
The Commission found that each of the statutory requirements has
been met for the issuance of a limited exclusion order with respect to
respondent Microjet, and for the issuance of a cease and desist order
with respect to respondents Price-Less and ABC. The Commission further
determined that the public interest factors enumerated in section
337(g)(1) did not preclude the issuance of such relief. Finally, the
Commission determined that bond under the limited exclusion order
during the Presidential review period shall be in the amount of one
hundred (100) percent of the entered value of the imported articles.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, 19 U.S.C. 1337, and section 210.45 of the
Commission's Rules of Practice and Procedure, 19 CFR 210.45.
Issued: April 25, 2002.
By order of the Commission.
Marilyn R. Abbott,
Secretary.
[FR Doc. 02-10775 Filed 4-30-02; 8:45 am]
BILLING CODE 7020-02-P