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USITC to review Markman Order

May 7, 2019

The ITC has decided to review a decision by the Administrative Law Judge (ALJ) granting summary determination of noninfringement in the USITC Investigation No. 337-TA-1106.

On 6 may the USITC filed its decision to review the initial Markman Order issued in March in which Administrative Law Judge Dee Lord granted the motions for summary determination of non-infringement by Aster, Ninestar, and Print-Rite.

Shortly after the summary determination decision was issued, Canon filed a petition with the ITC requesting that it review and ultimately reverse the ALJ’s decision as being based on a legally erroneous claim construction.

The ITC will now review the decision to determine whether it should be reversed.

Canon issued a press release in response to the granted review, commenting: “Canon maintains a wide array of intellectual property rights relating to its toner cartridge technology and will continue to enforce those rights against manufacturers and sellers of infringing products.

“Throughout the development, sales and marketing process, Canon respects the intellectual property of other companies and individuals and expects others to similarly respect Canon’s intellectual property rights. Canon remains committed to pursuing legal enforcement against those who do not respect Canon’s intellectual property.”

As part of the review the USITC writes: “Parties are required file initial submissions in response to this notice by no later than May 20, 2019. Response submissions are due by May 27, 2019. The parties should limit their initial and response submissions to 15 pages each.”

Editor’s Note: The Markman order was a huge win for the aftermarket, but has serious implications for Canon and their largest customer HP. It was inevitable they would appeal and it will be interesting to see if the ITC reverses the opinion. The Recycler will continue to follow this case closely.

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