ITC Imposes Over $21 Million in Penalties for Violations of Cease and Desist Orders on Certain Ink Cartridges
The International Trade Commission has determined to levy civil penalties in the enforcement proceedings on certain ink cartridges and components thereof after finding violations of cease and desist orders and a consent order issued in the original investigation. ITC has also terminated the enforcement proceedings.
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(In October 2007, pursuant to an investigation based on a complaint filed by Epson Portland, Inc. of Oregon; Epson America, Inc. of California; and Seiko Epson Corporation of Japan (collectively, Epson), ITC issued, among other things, cease and desist orders against the importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation) in the U.S., and soliciting U.S. agents or distributors for, ink cartridges covered by claims of certain U.S. patents and directed to certain domestic respondents.
Pursuant to complaints filed by Epson of violations of certain of these cease and desist orders and the consent order, from February-June 2008, ITC began enforcement proceedings, naming the following respondents: Ninestar Technology Co., Ltd.; Ninestar Technology Company, Ltd.; Town Sky Inc. (collectively, the Ninestar Respondents); Mipo America and Mipo International, Ltd (collectively, the Mipo Respondents); and Ribbon Tree USA, Inc. (dba Cana-Pacific Ribbons) and Apex Distributing Inc. (collectively, the Apex Respondents).)
ITC Imposes Civil Penalties on Three Respondent Groups
Based upon its consideration in the enforcement proceeding, ITC has determined to impose civil penalties for violations of the cease desist orders and consent order.
Therefore, subject to final adjudication of any appeal of the same, ITC has determined to impose the following civil penalties, jointly and severally:
$11,110,000 against the Ninestar Respondents;
$9,700,000 against the Mipo Respondents; and
$700,000 against the Apex Respondents.
(See ITT's Online Archives or 10/26/07 news, 07102620, for BP summary of ITC's issuance of the subject cease and desist orders.)
ITC contact - Michael Haldenstein (202) 205-3041
ITC notice (Inv. No. 337-TA-565, FR Pub 08/21/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-20106.pdf