[Federal Register Volume 76, Number 57 (Thursday, March 24, 2011)]
[Notices]
[Page 16639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6953]



[[Page 16639]]

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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.

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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]
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