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[Federal Register Volume 76, Number 11 (Tuesday, January 18, 2011)]
[Notices]
[Pages 2921-2922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-836]

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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-691]

In the Matter of Certain Inkjet Ink Supplies and Components 
Thereof; Notice of Commission Issuance of a General Exclusion Order and 
a Cease and Desist Order; Termination of Investigation

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 issued a general exclusion order and a cease and desist 
order in the above-captioned investigation under section 337 of the 
Tariff Act of 1930, as amended, 19 U.S.C. 1337 (``section 337''), and 
has terminated the investigation.

FOR FURTHER INFORMATION CONTACT: James A. Worth, Office of the General 
Counsel, U.S. International Trade Commission, 500 E Street, SW., 
Washington, DC 20436, telephone (202) 205-3065. Copies of non-
confidential 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 this matter can be obtained by contacting the Commission's TDD 
terminal on (202) 205-1810.

SUPPLEMENTARY INFORMATION: The Commission instituted this investigation 
on October 29, 2009, based on a complaint filed by Hewlett-Packard 
Company of Palo Alto, California (``HP''). 74 FR 55856-7 (Oct. 29, 
2009). The complaint alleged violations of section 337 in the 
importation into the United States, the sale for importation, or the 
sale within the United States after importation of certain inkjet ink 
supplies or components thereof that infringe one or more of claims 1-7 
and 22-28 of United States Patent No. 6,959,985; claims 1-10, 11, 12, 
14, 18-20, 22, 26, 27, and 28-35 of United States Patent No. 7,104,630; 
claims 6, 7, 9, and 10 of U.S. Patent No. 6,089,687 (``the '687 
patent''); and claims 1-3, 5, and 6 of U.S. Patent No. 6,264,301 (``the 
'301 patent''). The complaint named as respondents Zhuhai Gree Magneto-
Electric Co. Ltd. of Guangdong, China (``Zhuhai''); InkPlusToner.com of 
Canoga Park, California (``InkPlusToner''); Mipo International Ltd. of 
Kowloon, Hong Kong (``Mipo International''); Mextec Group, Inc. d/b/a 
Mipo America Ltd. of Miami, Florida (``Mextec''); Shanghai Angel 
Printer Supplies Co. Ltd. of Shanghai, China (``Shanghai Angel''); 
SmartOne Services LLC d/b/a InkForSale.net of Hayward, California 
(``Smart One''); Shenzhen Print Media Co., Ltd. of Shenzhen, China 
(``Shenzhen Print Media''); Comptree Ink d/b/a Meritline, ABCInk, EZ 
Label, and CDR DVDR Media of City of Industry, California 
(``Comptree''); Zhuhai National Resources & Jingjie Imaging Products 
Co., Ltd. of Guangdong, China (``Zhuhai National''); Tatrix 
International of Guangdong, China (``Tatrix''); and Ourway Image Co., 
of Guangdong, China (``Ourway'').
    Seven respondents, Mipo International, Mextec, Shanghai Angel, 
Shenzhen Print Media, Zhuhai National, Tatrix, and Ourway 
(collectively, ``Defaulting Respondents''), failed to answer the 
Complaint and Notice of Investigation. The ALJ granted default 
determinations against the Defaulting Respondents (Order No. 9), and 
the Commission determined not to review the order. See Notice of 
Commission Determination Not to Review an Initial Determination Finding 
Seven Respondents in Default (February 17, 2010). Three respondents, 
Comptree, InkPlusToner, and SmartOne, reached settlement agreements 
with HP and were terminated from the investigation (Order Nos. 11, 13, 
and 14), and the Commission determined not to review those orders. One 
respondent, Zhuhai, was terminated from the investigation on the basis 
of a consent order (Order No. 12), and the Commission determined not to 
review that order.
    On May 7, 2010, HP moved for summary determination that a domestic 
industry exists and that the Defaulting Respondents have violated 
section 337. The ALJ granted HP's motion and issued his final ID (Order 
No. 18) on August 30, 2010, finding substantial, reliable and probative 
evidence of violation by the Defaulting Respondents with respect to 
claims 6 and 9 of the `687 patent and claims 1, 5, and 6 of the `301 
patent. The ID included the ALJ's recommended determination (``RD'') on 
remedy and bonding. The ALJ recommended that in the event the 
Commission finds a violation of section 337, the Commission should 
issue a general exclusion order and a cease and desist

[[Page 2922]]

order directed to domestic respondent Mextec. The ALJ also recommended 
that the Commission set a bond of 100 percent for products imported 
during the period of Presidential review.
    On October 7, 2010, the Commission issued notice of its 
determination not to review the final ID, and to solicit submissions on 
remedy, the public interest, and bonding. On October 28, 2010, HP and 
the Commission investigative attorney filed submissions with respect 
thereto. After reviewing the relevant portions of the record, the 
Commission has determined to issue a general exclusion order with 
respect to claims 6 and 9 of the `687 patent and claims 1, 5, and 6 of 
the `301 patent, and a cease and desist order against Mextec with 
respect to the same claims.
    The Commission has therefore terminated 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 
sections 210.16(c), 210.41-.42, and 210.50 of the Commission's Rules of 
Practice and Procedure (19 CFR 210.16(c), 210.41-.42, and 210.50).

    By order of the Commission.

    Issued: January 11, 2011.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2011-836 Filed 1-14-11; 8:45 am]
BILLING CODE 7020-02-P
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