November 11, 2019
Back in September, the United States International Trade Commission (USITC) voted to institute an investigation of certain toner cartridges, components thereof, and systems containing same based on the complaint filed by Brother on 19 August.
The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain toner cartridges, components thereof, and systems containing same that infringe patents asserted by the complainants. The complainants request that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
The USITC identified 32 companies as respondents in this investigation.
New Era Image LLC of Corona, California is one of the respondents and has executed a Consent Order Stipulation in which it agrees to the entry of the Consent Order. Brother and New Era have jointly filed a motion to terminate this Investigation relating to New Era based on the entry of the Consent Order.
Part of agreeing to this Consent Order means that New Era has agreed to immediately export or destroy all existing inventories of the Subject Articles in the United States within 30 days of its execution of the Consent Order Stipulation; New Era shall cease and desist from importing and distributing the Subject Articles in the United States.
“New Era shall not, directly or indirectly, sell for importation, import, or sell after toner cartridges and components thereof, including New Era Toner-branded toner cartridges, that infringe one or more of the Asserted Patent Claims (“the Subject Articles”), and shall not aid, abet, encourage, participate in, or induce the sale for importation, the importation, or the sale after importation of the Subject Articles, except under consent or license from Brother,” the Order said.
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