[Federal Register Volume 77, Number 77 (Friday, April 20, 2012)]
[Notices]
[Pages 23753-23754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9505]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-565]


Certain Ink Cartridges and Components Thereof; Modification of 
Remedial Orders and Termination 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 modified the general exclusion order and a cease and 
desist order to cover components of ink cartridges and terminated the 
above-captioned 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, limited 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 
request with the Commission asking for institution of an advisory 
opinion proceeding and a petition for modification of the general 
exclusion order and a cease and desist order directed to Ninestar U.S. 
to indicate that certain design-around ink cartridges are not covered 
by the Commission's orders. 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. to indicate that components of 
certain ink cartridges are covered by the orders. Epson asked that the 
requested proceedings be consolidated along with the advisory opinion 
proceeding requested by Ninestar and assigned to an administrative law 
judge (ALJ). On March 18, 2011, the Commission instituted the requested 
consolidated advisory opinion and modification proceedings.
    On February 8, 2012, Epson and Ninestar filed a joint motion asking 
the Commission to terminate the advisory opinion and modification 
proceedings requested by Ninestar based upon a settlement agreement 
reached by

[[Page 23754]]

Ninestar and Epson. On February 14, 2012, the ALJ issued an initial 
determination (ID) granting the joint motion. No petitions for review 
of the ID were filed.
    On February 8, 2012, Epson filed a motion for summary determination 
with respect to Epson's petition for modification of the remedial 
orders. On February 13, 2012, Ninestar filed a non-opposition to 
Epson's motion. On February 21, 2012, the ALJ issued a Recommendation 
on Modification of the Remedial Orders. Based on undisputed facts and 
the arguments of Epson and Ninestar, the ALJ recommended modifying the 
general exclusion order and cease and desist order to include 
components of ink cartridges.
    The Commission has determined to adopt the ALJ's recommendation and 
modify the general exclusion order and the cease and desist order 
issued to Ninestar U.S. to include components of ink cartridges, as 
well as ink cartridges. The consolidated advisory and modification 
proceedings are terminated.
    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: April 16, 2012.
James R. Holbein,
Secretary to the Commission.
[FR Doc. 2012-9505 Filed 4-19-12; 8:45 am]
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