ITC terminates modification proceedings

July 14, 2023

After Katun and GPI withdrew the petition for modification of the initial investigation earlier this month, the USITC orders the termination of the proceedings.

In May 2023, Katun and General Plastic (GPI) filed a petition requesting the commission to modify the GEO. Their aim was to clarify that the order should not cover their redesigned toner supply containers called “New Katun Containers.”

Katun and General Plastic argued that if the complainants try to extend the claims of the Asserted Patents to cover the New Katun Containers, it will render the patents invalid. They assert that the redesign should have been considered in the original investigation.

Canon opposed the requested modification.

On 3 July 2023 Katun and GPI withdrew the petition, prompting Canon to ask for the modification proceedings to be terminated with the additional requests that “should Respondents pursue any future proceeding regarding the same subject matter as their petition, Canon reserves the right to oppose institution and would urge the Commission to scrutinise such a request in light of the . . . history between the parties.”

Administrative Law Judge Clark S. Cheney determines the motion complied and granted the motion.