Accused companies respond to Brother USITC complaint

October 14, 2019

Back in September, the United States International Trade Commission (USITC) voted to institute an investigation of certain toner cartridges, components thereof, and systems containing same based on the complaint filed by Brother on 19 August.

The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain toner cartridges, components thereof, and systems containing same that infringe patents asserted by the complainants. The complainants request that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.

The USITC identified 32 companies as respondents in this investigation. Some companies have now filed their responses or asked for more time to respond.

LD Products, Inc. (LDP) said “it will not be participating in the Investigation,” and added “LDP will not oppose entry of a default as to it in this matter.”

Globest Trading Inc., V4Ink Inc., AMI Brothers, Inc., Linkyo Corp., Theresa Meng, E-Z Ink Inc., and Cartridge Evolution, Inc. quote that most paragraphs of the complaint lack “information sufficient to form a belief as to the truth of the allegations set forth” in the paragraphs, and deny the allegations.

Aster Graphics Inc.’s request for an extension until 18 October to respond to Brother’s complaint was granted.

The Recycler continues to monitor the USITC investigation and its outcome.