[Federal Register Volume 75, Number 196 (Tuesday, October 12, 2010)]
[Notices]
[Pages 62564-62565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25550]


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INTERNATIONAL TRADE COMMISSION

[Inv. No. 337-TA-740]


In the Matter of: Certain Toner Cartridges and Components 
Thereof; Notice of Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Institution of investigation pursuant to 19 U.S.C. 1337.

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SUMMARY: Notice is hereby given that a complaint was filed with the 
U.S. International Trade Commission on August 20, 2010, under section 
337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, on behalf of 
Lexmark International, Inc. of Lexington, Kentucky. 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 toner cartridges and components 
thereof by reason of infringement of certain claims of U.S. Patent No. 
5,337,032 (``the '032 patent''); U.S. Patent No. 5,634,169 (``the '169 
patent''); U.S. Patent No. 5,758,233 (``the '233 patent''); U.S. Patent 
No. 5,768,661 (``the '661 patent''); U.S. Patent No. 5,802,432 (``the 
'432 patent''); U.S. Patent No. 5,875,378 (``the '378 patent''); U.S. 
Patent No. 6,009,291 (``the '291 patent''); U.S. Patent No. 6,078,771 
(``the '771 patent''); U.S. Patent No. 6,397,015 (``the '015 patent''); 
U.S. Patent No. 6,459,876 (``the '876 patent''); U.S. Patent No. 
6,816,692 (``the '692 patent''); U.S. Patent No. 6,871,031 (``the '031 
patent''); U.S. Patent No. 7,139,510 (``the '510 patent''); U.S. Patent 
No. 7,233,760 (``the '760 patent''); U.S. Patent No. 7,305,204 (``the 
'204 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 and, after the investigation, issue an exclusion order 
and cease and desist orders.

ADDRESSES: The complaint, except for any confidential information 
contained therein, is 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., Room 112, 
Washington, DC 20436, telephone 202-205-2000. Hearing impaired 
individuals are advised that information on this matter can be obtained 
by contacting the Commission's TDD terminal on 202-205-1810. Persons 
with mobility impairments who will need special assistance in gaining 
access to the Commission should contact the Office of the Secretary at 
202-205-2000. General information concerning the Commission may also be 
obtained by accessing its internet server at 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.

FOR FURTHER INFORMATION CONTACT: Rett Snotherly, Esq., Office of Unfair 
Import Investigations, U.S. International Trade Commission, telephone 
(202) 205-2599
    Authority: The authority for institution of this investigation is 
contained in section 337 of the Tariff Act of 1930, as amended, and in 
section 210.10 of the Commission's Rules of Practice and Procedure, 19 
CFR 210.10 (2010).
    Scope of Investigation: Having considered the complaint, the U.S. 
International Trade Commission, on October 5, 2010, ordered that--
    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 
1930, as amended, an investigation be instituted to determine whether 
there is a violation of subsection (a)(1)(B) 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 toner 
cartridges and components thereof that infringe one or more of claim 1 
of the '032 patent; claims 1-3, 32, 33, 36, and 42 of the '169 patent; 
claims 1 and 2 of the '233 patent; claims 1 and 2 of the '661 patent; 
claims 1-3 of the '432 patent; claims 1, 2, and 14 of the '378 patent; 
claims 1 and 2 of the '291 patent; claims 1, 2, 5, 6, 10, and 15 of the 
'771 patent; claims 1, 2, 7, 10, 11, 14, 15, 17, 22, and 24 of the '015 
patent; claims 1-3 and 28 of the '876 patent; claim 1 of the '692 
patent; claims 1, 3, 5, 8, and 10 of the '031 patent; claims 1 and 6 of 
the '510 patent; claims 11, 12, and 14 of the '760 patent; and claims 
1, 7, 14, and 15 of the '204 patent, and whether an industry in the 
United States exists as required by subsection (a)(2) of section 337;
    (2) For the purpose of the investigation so instituted, the 
following are hereby named as parties upon which this notice of 
investigation shall be served:
    (a) The complainant is:

Lexmark International, Inc., 740 W. New Circle Road, Lexington, KY 
40550.

    (b) The respondents are the following entities alleged to be in 
violation of section 337, and are the parties upon which the complaint 
is to be served:

Ninestar Image Co. Ltd., (a/k/a Ninestar Technology Co., Ltd.), No. 63 
Mingzhubei Road, Zhuhai 519075, Guangdong, China.
Ninestar Image Int'l, Ltd., No. 63 Mingzhubei Road, Zhuhai 519075, 
Guangdong, China.
Seine Image International Co. Ltd., Rm. 18, 9/F New Commercial Ctr., 9 
on Lai St, Sha Tin, New Territories, Hong Kong.
Ninestar Technology Company, Ltd., 150 Abbott Court, Piscataway, NJ 
08854.
Ziprint Image Corporation, 19805 Harrison Avenue, Walnut, CA 91789.
Nano Pacific Corporation, 377 Swift Avenue, South San Francisco, CA 
94080.
IJSS Inc. (d/b/a TonerZone.com Inc. and Inkjet Superstore), 1880 
Century Park East, <greek-i>200, Los Angeles, CA 90067.
Chung Pal Shin (d/b/a Ink Master), 16635 Valley View, Cerritos, CA 
90703.
Nectron International, Inc., 725 Park Two Drive, Sugarland, TX 77478.
Quality Cartridges Inc., 162 44th Street, Brooklyn, NY 11232.
Direct Billing International Incorporated, (d/b/a Office Supply 
Outfitter and d/b/a The Ribbon Connection), 5910 Sea Lion Place, Suite 
100, Carlsbad, CA 92010.
E-Toner Mart, Inc., 1718 Potrero Avenue, Suite <greek-i>A, South El 
Monte, CA 91733.

[[Page 62565]]

Alpha Image Tech, 1718 Potrero Avenue Suite <greek-i>A, South El Monte, 
CA 91733.
ACM Technologies, Inc., 2535 Research Drive, Corona, CA 92882.
Virtual Imaging Products Inc., 135 Ormont Drive Unit <greek-i>14/15, 
North York, Ontario M9L 1N6, Acecom Inc.--San Antonio.
(d/b/a Inksell.com), 14833 Bulverde Road, San Antonio, TX 78251.
Ink Technologies Printer Supplies, LLC, (d/b/a Ink Technologies LLC), 
7600 McEwen Road, Dayton, OH 45459.
Jahwa Electronics Co., Ltd., 7-6 Hyunam-ri Bugi-myeon Chongwon-gun, 
Chungchongbuk-do, South Korea 363-920.
Huizhou Jahwa Electronics Co., Ltd., No. 10 JiangJun Road, ZhouTian 
Village, Quichang Town, Huiyang District, Huizhou, Guangdong Province, 
China.
Copy Technologies, Inc., 130 James Aldredge Blvd., SW., Atlanta, GA 
30336.
Laser Toner Technology, Inc., 515 Wharton Circle SW., Atlanta, GA 
30336.
C & R Services, Incorporated, 2035 Fair Oaks Circle, Corinth, TX 76210.
Print-Rite Holdings Ltd., Unit 8, 10F, Block A, MP Industrial, Centre, 
No. 18 Ka Yip Street, Chai Wan, Hong Kong.
Union Technology Int'l (M.C.O.) Co., Ltd. 14H, Nam Kwong Building, 223-
225 Avenida Drive, Rodrigo Rodrigues, Macao.

    (c) The Commission investigative attorney, party to this 
investigation, is Rett Snotherly, Esq., Office of Unfair Import 
Investigations, U.S. International Trade Commission, 500 E Street, SW., 
Suite 401, Washington, DC 20436; and
    (3) For the investigation so instituted, the Honorable Paul J. 
Luckern, Chief Administrative Law Judge, U.S. International Trade 
Commission, shall designate the presiding Administrative Law Judge.
    Responses to the complaint and the notice of investigation must be 
submitted by the named respondents in accordance with section 210.13 of 
the Commission's Rules of Practice and Procedure, 19 CFR 210.13. 
Pursuant to 19 CFR 201.16(d)-(e) and 210.13(a), such responses will be 
considered by the Commission if received not later than 20 days after 
the date of service by the Commission of the complaint and the notice 
of investigation. Extensions of time for submitting responses to the 
complaint and the notice of investigation will not be granted unless 
good cause therefor is shown.
    Failure of a respondent to file a timely response to each 
allegation in the complaint and in this notice may be deemed to 
constitute a waiver of the right to appear and contest the allegations 
of the complaint and this notice, and to authorize the administrative 
law judge and the Commission, without further notice to the respondent, 
to find the facts to be as alleged in the complaint and this notice and 
to enter an initial determination and a final determination containing 
such findings, and may result in the issuance of an exclusion order or 
a cease and desist order or both directed against the respondent.

    Issued: October 6, 2010.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-25550 Filed 10-8-10; 8:45 am]
BILLING CODE 7020-02-P