Canon to appeal ITC decision

On 20 May 2019, the USITC issued a notice to affirm the initial determination, granting Ninestar, Static and some other respondents’ respective motions for summary determination of non-infringement.

The USITC issued notice from 20 May affirmed the non-infringing initial determination and terminated the investigation accordingly, meaning all accused products do not infringe Canon’s patents.

Canon Inc. announced today that it plans to appeal the U.S. International Trade Commission’s final determination terminating Investigation No. 337-TA-1106, which pertains to certain toner cartridges and photosensitive drum units sold for use in Canon and HP laser beam printers.

In reaching its decision, the ITC determined that the claims at issue should be interpreted narrowly to exclude the respondents’ accused products. Canon believes that narrow interpretation is legally erroneous and will appeal the decision to the U.S. Court of Appeals for the Federal Circuit, which will review the construction de novo, without deference to the ITC.

The OEM added: “Canon maintains a wide array of intellectual property rights relating to its toner cartridge technology and will continue to enforce those rights against manufacturers and sellers of infringing products.”

“Throughout the development, sales and marketing process, Canon respects the intellectual property of other companies and individuals and expects others to similarly respect Canon’s intellectual property rights. Canon remains committed to pursuing legal enforcement against those who do not respect Canon’s intellectual property,” added Canon.