February 20, 2015
The OEM’s “dongle-gear” case has seen most remaining defendants settle, and Canon is now seeking a General Exclusion Order (GEO) against the last few companies involved.
The case at the United States International Trade Commission (USITC) began in May 2014, following in the wake of Canon’s first case at the District Court for the Southern District of New York, which itself began in February 2014. Both cases concerned infringement of the OEM’s “dongle-gear” within toner cartridges – specifically the HP P2035, 2055 and P3015 – which are sold “for use in more than 50 models of Canon and HP laser beam printers”, Canon stated at the start of the case.
A number of the final few defendants – Ninestar Image Tech Limited; Zhuhai Seine Technology Co., Ltd.; Ninestar Technology Company, Ltd.; Seine Tech (USA) Co., Ltd.; Seine Image (USA) Co., Ltd.; Nano Pacific Corporation; Ink Technologies Printer Supplies, LLC; Katun Corporation and Linkyo Corporation – all reached an agreement with the OEM on the same day as ILG entered into its own settlement. A joint motion to suspend the hearing schedule saw the OEM and defendants “move to suspend the hearing schedule”, with the settlements all agreed to “resolve the investigation […] on the basis of consent orders”.
The document adds that the parties – Canon and the defendants – “anticipate filing a motion to terminate the investigation […] within the next several days”, with all other defendants either terminated from the investigation earlier or found in default. The only companies left in the case – Aster Graphics, Inc.,; Jiangxi Yibo E-Tech Co., Ltd.; and Aster Graphics Co., Ltd.; The Supplies Guys, LLC; and American Internet Holdings, LLC – are said in the document not to have “filed a pre-hearing statement or brief”, or “submitted or served any direct or rebuttal exhibits”, and so Canon “in due course” will “move for an order to show cause why they should not be found in default”.
This does not mean that the investigation has ended – as the USITC’s documents stated, “the joint motion to suspend the hearing schedule is granted […] but the investigation has not been terminated”, and the same document added that “Canon intends to file a motion for leave to file a motion for summary determination in connection with a request for a General Exclusion Order”, while the remaining defendants did not take a position on the joint motion, and so remain in the case.
The remaining companies -as per the earlier mention of an order “to show cause why they should not be found in default” – have been “deemed to have abandoned or withdrawn all of their contentions in this investigation”, with Canon declaring its intent to seek a GEO, which will ban any infringing cartridge products from being imported into and sold in the USA.
ILG stated earlier this week that it is “pleased to confirm that following the resolution of its dispute with Canon, ILG and Turbon USA Inc. will continue to offer its full line of remanufactured laser toner cartridges that will comply with the terms of the consent order and injunction”. Other companies that have settled in the case since it began include Acecom, Do It Wiser and Green Project; ACM Technologies, Grand Image LLC, OnlineTechStores, Nectron, Provantage, Printronic and LD Products.
Categories : World Focus