May 21, 2019
The U.S. International Trade Commission has determined to affirm the initial determination (“ID”) (Order No. 40) of the presiding administrative law judge (“ALJ”) granting certain respondents’ respective motions for summary determination of non-infringement.
Accordingly, the Commission has determined to find no violation of section 337. The investigation is terminated.
This notice affirmed the non-infringing initial determination and terminated the investigation accordingly, meaning all accused products do not infringe Canon’s patents.
In its statement the company said: “Aster Graphics is pleased to see such a favorable decision, a result of Aster’s significant investment in its own IP designs, IP research and product development. Aster has ascended to a leadership position in the imaging supply industry by producing products that are embedded with our own design innovations, many of which are protected by Aster’s valid and enforceable U.S Patent and Trademark office registered patents.
“Aster products have never been subject to a seizure order and our product supply has never been interrupted. Aster became the first company to attain a solution to the 2012 337-ta-829 GEO by introducing our own Gear Tek products (covered by Aster’s own U.S. Patent NO. 8,805,242) which was approved by the United States Customs. Similarly, during the 337-ta-918 investigation filed by Canon in 2014, Aster’s Smart Gear products (covered by Aster’s own U.S. Patent NO. 8,731,435) were approved by the United States Customs, and Aster again became the first company to overcome the GEO of 337-ta-918.”
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