28 July 2010
The US International Trade Commission (USITC) has announced investigations into recent patent infringement lawsuits from HP and Canon with both companies requesting exclusion and cease and desist orders.
The Canon investigation concerns legal action launched on 28 June against Ninestar and several Chinese affiliates and US distributors. As reported by The Recycler, 20 companies are being sued in relation to patent infringing toner cartridge and drum components.
The HP investigation stems from legal action launched on 25 June against seven companies, including Mipo Technology and Mextec. The complaint relates to inkjet container patents.
As reported by The Recycler, a similar investigation by the USITC against the same companies was resolved in March, based on legal action launched in September 2009.
Both complaints allege violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain inkjet ink supplies and components, and toner cartridges and components infringing on the patents of HP and Canon respectively.
The USITC states that it has “not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges who will schedule and hold an evidentiary hearing”.
It also states that it “will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation”.