ITC Modifies GEO & Ninestar C/D Order in Ink Cartridges to Include Components
The International Trade Commission modified the general exclusion order and a cease and desist order to cover components of ink cartridges in a patent proceeding on certain ink cartridges and components thereof (337-TA-565), based on a settlement agreement reached between complainant Epson and respondent Ninestar.
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General Exclusion, Cease and Desist Orders, Etc. Issued in October 2007
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, the ITC issued a general exclusion order which excluded from entry for consumption, entry for consumption from a foreign-trade zone (FTZ), or withdrawal from a warehouse for consumption, certain ink cartridges and components thereof for the remaining term of the violated patents, except under license of the patent owner or as provided by law.
The ITC also issued 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 patents and directed to Ninestar Technology Company, Ltd. and Ninestar Technology Company, Ltd. , among others.
(The ITC also issued a limited exclusion order, which is not part of the subject proceeding.)
Ninestar and Epson Requested Proceedings to Modify Orders
In December 2010, Ninestar Technology Co., Ltd. and Ninestar Technology Company, Ltd. asked the ITC to modify the general exclusion order and a cease and desist order to indicate that certain design-around ink cartridges are not covered by the orders. In February 2011, Epson also 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. The ITC determined to consolidate the proceedings.
ITC Adopts ALJ’s Recommendation to Modify Orders Based on Settlement
On February 21, 2012 the administrative law judge recommended modifying the general exclusion order and cease and desist order to include components of ink cartridges based on a settlement agreement reached between Epson and Ninestar. As part of the settlement agreement, Ninestar agreed to terminate its request to modify the general exclusion order and cease and desist order to indicate that certain design-around ink cartridges are not covered by the orders. The ITC has determined to adopt the ALJ’s recommendation and modify the orders.
(See ITT’s Online Archives 07102620 for summary of the ITC’s October 2007 issuance of these orders, among others, and 11032434 for summary of ITC’s institution of this proceeding to determine whether to modify the orders.)
ITC Contact -- Michael Haldenstein (202) 205-3041