Federal Register / Vol. 76, No. 57 / Thursday, March 24, 2011 / Notices 16639 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–565] 

Certain Ink Cartridges and 

Components Thereof; Institution of 

Consolidated Advisory Opinion and 

Modification Proceedings 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has instituted consolidated 

advisory opinion and modification 

proceedings. 

FOR FURTHER INFORMATION CONTACT: 

Michael Haldenstein, Office of the 

General Counsel, U.S. International 

Trade Commission, 500 E Street, SW., 

Washington, DC 20436, telephone (202) 

205–3041. Copies of all nonconfidential 

documents filed in connection with this 

investigation are or will be available for 

inspection during official business 

hours (8:45 a.m. to 5:15 p.m.) in the 

Office of the Secretary, U.S. 

International Trade Commission, 500 E 

Street SW., Washington, DC 20436, 

telephone 202–205–2000. General 

information concerning the Commission 

may also be obtained by accessing its 

Internet server (http://www.usitc.gov). 

The public record for this investigation 

may be viewed on the Commission’s 

electronic docket (EDIS) at http:// 

edis.usitc.gov/. Hearing-impaired 

persons are advised that information on 

the matter can be obtained by contacting 

the Commission’s TDD terminal on 202– 

205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission instituted the underlying 

investigation in this matter on March 

23, 2006, based on a complaint filed by 

Epson Portland, Inc. of Oregon; Epson 

America, Inc. of California; and Seiko 

Epson Corporation of Japan (collectively 

‘‘Epson’’). 71 FR 14720 (March 23, 2006). 

The complaint, as amended, alleged 

violations of section 337 of the Tariff 

Act of 1930 (‘‘section 337’’) in the 

importation into the United States, the 

sale for importation, and the sale within 

the United States after importation of 

certain ink cartridges and components 

thereof by reason of infringement of 

claim 7 of U.S. Patent No. 5,615,957; 

claims 18, 81, 93, 149, 164 and 165 of 

U.S. Patent No. 5,622,439; claims 83 and 

84 of U.S. Patent No. 5,158,377; claims 

19 and 20 of U.S. Patent No. 5,221,148; 

claims 29, 31, 34 and 38 of U.S. Patent 

No. 5,156,472; claim 1 of U.S. Patent 

No. 5,488,401; claims 1–3 and 9 of U.S. 

Patent No. 6,502,917; claims 1, 31 and 

34 of U.S. Patent No. 6,550,902; claims 

1, 10 and 14 of U.S. Patent No. 

6,955,422; claim 1 of U.S. Patent No. 

7,008,053; and claims 21, 45, 53 and 54 

of U.S. Patent No. 7,011,397. The 

complaint further alleged that an 

industry in the United States exists as 

required by subsection (a)(2) of section 

337. The complainants requested that 

the Commission issue a general 

exclusion order and cease and desist 

orders. The Commission named as 

respondents 24 companies located in 

China, Germany, Hong Kong, Korea, and 

the United States. Several respondents 

were terminated from the investigation 

on the basis of settlement agreements or 

consent orders or were found in default. 

On March 30, 2007, the presiding 

administrative law judge (ALJ) issued a 

final ID in the investigation finding a 

violation of section 337 with respect to 

certain respondents. He found the 

asserted claims valid and infringed by 

certain respondents’ products. He 

recommended issuance of a general 

exclusion order and cease and desist 

orders directed to certain respondents 

and bond in the amount of $13.60 per 

cartridge during the Presidential review 

period. 

On October, 19, 2007, after review, 

the Commission made its final 

determination in the investigation, 

finding a violation of section 337. The 

Commission issued a general exclusion 

order, limited exclusion order, and 

cease and desist orders directed to 

several domestic respondents. The 

Commission also determined that the 

public interest factors enumerated in 19 

U.S.C. 1337(d), (f), and (g) did not 

preclude issuance of the aforementioned 

remedial orders, and that the bond 

during the Presidential review period 

would be $13.60 per cartridge for 

covered ink cartridges. 

On December 13, 2010, two 

respondents in the underlying 

investigation, Ninestar Technology Co., 

Ltd. and Ninestar Technology Company, 

Ltd. (‘‘Ninestar U.S.’’) (collectively, 

‘‘Ninestar’’), filed a joint request for an 

advisory opinion proceeding and a 

petition for modification of the general 

exclusion order and a cease and desist 

order issued by the Commission to 

Ninestar U.S. On February 3, 2011, 

Epson filed a petition for modification 

of the general exclusion order and the 

cease and a desist order issued to 

Ninestar U.S. 

After examining the submissions by 

Ninestar and Epson, the Commission 

has determined to institute consolidated 

advisory opinion and modification 

proceedings to determine whether 

Ninestar’s R–Series ink cartridges 

infringe any of the patent claims 

included in the general exclusion order 

or the cease and desist order issued to 

Ninestar U.S. in the investigation and 

what, if any, modifications to the 

general exclusion order and/or the cease 

and desist order issued to Ninestar U.S. 

are appropriate. 

The Commission has referred the 

consolidated proceedings to the Chief 

Administrative Law Judge to designate a 

presiding administrative law judge. The 

following entities are named as parties 

to the proceedings: (1) Complainant 

Epson; (2) respondents Ninestar 

Technology Co., Ltd. and Ninestar U.S. 

The Office of Unfair Import 

Investigations will not be participating 

as a party in this investigation. 

The authority for the Commission’s 

determination is contained in section 

337 of the Tariff Act of 1930, as 

amended (19 U.S.C. 1337), and in 

sections 210.76 and 210.79 of the 

Commission’s Rules of Practice and 

Procedure (19 CFR 210.76, 210.79). 

By order of the Commission. 

Issued: March 18, 2011. 

James R. Holbein, 

Acting Secretary to the Commission. 

[FR Doc. 2011–6953 Filed 3–23–11; 8:45 am] 

BILLING CODE P 

INTERNATIONAL TRADE 

COMMISSION 

[Inv. No. 337–TA–767] 

Certain Glassware; Notice of 

Investigation 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Institution of investigation 

pursuant to 19 U.S.C. 1337. 

SUMMARY: Notice is hereby given that a 

complaint was filed with the U.S. 

International Trade Commission on 

February 18, 2011, under section 337 of 

the Tariff Act of 1930, as amended, 19 

U.S.C. 1337, on behalf of Boston Beer 

Corporation of Boston, Massachusetts. A 

supplement to the complaint was filed 

on March 14, 2011. The complaint 

alleges violations of section 337 based 

upon the importation into the United 

States, the sale for importation, and the 

sale within the United States after 

importation of certain glassware by 

reason of infringement of U.S. Patent 

No. D582,213 (‘‘the ‘213 patent’’) and 

U.S. Patent No. D569,189 (’’ the ‘189 

patent’’). The complaint further alleges 

that an industry in the United States 

exists as required by subsection (a)(2) of 

section 337. 

The complainant requests that the 

Commission institute an investigation 


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