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ITC launches investigation at Canon’s behest

March 28, 2018

In response to the complaint filed by Canon on 28 February 2018, alleging patent infringement on the part of 50 companies, the US ITC has elected to launch an investigation into the contested products.

This week the U.S. International Trade Commission (ITC) revealed that it “has voted to institute an investigation of certain toner cartridges and components”, in response to the complaint against 50 companies filed by Canon in February.

In the complaint, Canon alleged violations of “of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain toner cartridges and components thereof that infringe patents asserted by the complainants.”

The patents involved in the complaint are Canon’s US patent numbers 9,746,826; 9,836,021; 9,841,727; 9,841,728; 9,841,729; 9,857,764; 9,857,765; 9,869,960; and 9,874,846.

As part of the investigation, ITC is inviting “proposed respondents”, other interested parties and members of the general public, to “file comments” regarding “any public interest issues raised by the complaint”.

ITC made the following statement regarding the investigation:

“By instituting this investigation (337-TA-1106), the USITC 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 administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

The USITC 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.  USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.”




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