October 21, 2015
The US International Trade Commission (USITC) said it opted for a general exclusion order (GEO) as there was a “high likelihood” that manufacturers and resellers of the infringing products could circumvent a limited exclusion order (LEO).
The Commission also said that it was awarded as respondents failed to appear and contest the investigation, while there was “undisputed record evidence […] that there is a pattern of importation and sale of infringing toner cartridges throughout the United States”. The decision was further justified by the fact that it was difficult to identify the source of the infringing products, particularly when they were sold directly to US consumers over the internet.
The ITC agreed that none of the public interest factors, which include competitive conditions, raise concerns that would preclude the order, and that the bond amount during the Presidential review period ought to be 100 percent of the entered value of the infringing materials, as no “reliable price differential” could be determined.
Canon was awarded the GEO in August, with a number of the final defendants, including Ninestar Image Tech Limited, Zhuhai Seine Technology Co., Ltd., Ninestar Technology Company, Ltd., and Seine Tech (USA) Co., Ltd. settling in the same day.
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