GEO issued in second USITC investigation

August 2, 2022

The general exclusion order was issued by the U.S. International Trade Commission following their investigation.

The U.S. International Trade Commission (ITC) has concluded its investigation, No. 337-TA-1259, and issued its findings in Canon’s favour, having found a violation of section 337 of the Tariff Act of 1930 and has issued a general exclusion order (GEO), as well as cease and desist orders (CDOs) against certain defaulting respondents.

In April 2021, the USITC announced its decision to conduct investigations into Canon’s complaint that 26 companies are infringing one or more of their imageRUNNER patents. Canon asserted the following patents have been infringed: 8,565,649; 9,354,551; 9,753,402; 10,209,667; 10,289,060; 10,289,061; 10,295,957; 10,488,814; 10,496,032; 10,496,033; 10,514,654; 10,520,881; and 10,520,882.

The patents relate to the Canon imageRUNNER copier series and the following toner supply containers: GPR-51, GPR-52, GPR-53, GPR-53/GPR-53L, GPR-55/GPR-55L, GPR-57, GPR-58 and GPR-62.

The Commission instituted two separate investigations (Inv. No. 337-TA-1259 and Inv. No. 337-TA-1260) based on the complaint and defined the scope of the present investigation as whether there is a violation of section 337 based on the allegations of infringement as to the asserted claims of the ’649, ’551, and ’402 patents as to the accused products identified in the notice of investigation (NOI).

The announcement by the ITC for Inv. No. 337-TA-1259 said: “Having reviewed the record of the investigation, including the ID and Canon’s and OUII’s submissions, the Commission has found a violation of section 337 with respect to Defaulting Respondents.

“The Commission has determined that the appropriate remedy in this investigation is: (1) a GEO prohibiting the unlicensed entry of certain toner supply containers and components thereof that infringe one or more of claim 1 of the ’667 patent; claim 1 of the ’060 patent; claim 1 of the ’061 patent; claim 1 of the ’957 patent; claims 1 and 12 of the ’814 patent; claims 50, 58, and 61 of the ’032 patent; claims 1 and 13 of the ’033 patent; claims 46 and 50 of the ’654 patent; claims 1, 10, and 13 of the ’881 patent; or claims 1 and 8 of the ’882 patent; and (2) CDOs against Ninestar Tech, Static Control, Copier Repair Specialists, Digital Buyer, Do It Wiser, Easy Group, Ink Tech, Precision Roller, LD Products, NAR Cartridges, Supplies Guys, MITOCOLOR, Zinyaw, Ninestar Corporation, Ninestar Image, Sichuan XingDian, Sichuan Wiztoner, Yatengshang, ChengDuXiang, and Erlandianzishang.”

With the issuance of the GEO, the investigation No. 337-TA-1259 is terminated.