Update: Brother’s USITC investigation
October 21, 2019
Accused companies are starting to respond to the complaint filed by Brother on 19 August.
Back in September, the United States International Trade Commission (USITC) voted to institute an investigation of certain toner cartridges, components thereof, and systems containing same based on the complaint filed by Brother on 19 August.
After last week’s reports, more companies have filed responses to the complaint alleging violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain toner cartridges, components thereof, and systems containing same that infringe patents asserted by the complainants. The complainants requested that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
With the latest filings, Brother has requested that the Administrative Law Judge (ALJ) issues an order directing Respondents An An Beauty Limited (“An An Beauty”); Billiontree Technology USA Inc. (“Billiontree”); Carlos Imaging Supplies, Inc. (“Carlos Imaging”); Eco Imaging Inc. (“Eco Imaging”); Hongkong Boze Co., Ltd. (“Hongkong Boze”); Ikong E-Commerce, Inc. (“Ikong”); Intercon International Corp. (“Intercon”); IPrint Enterprise Limited (“IPrint); EPrinter Solution LLC (“EPS”); Mangoket LLC (“Mangoket”); Smartjet Ecommerce Co., LLC (“Smartjet”); and Super Warehouse Inc. (“Super Warehouse”) (collectively, the “Non-Participating Respondents”) to show cause why they should not be found in default in the above-captioned investigation (“this Investigation”).
The documents also show that Greencycle Tech, Inc., 18 International, Inc., OW Supplies Corp., and Triple Best LLC have requested and been granted an extension to respond to the allegations.
Respondent New Era and Brother have agreed a consent form. The documents state: “New Era and its officers, directors, employees, agents, and any entity or individual acting on New Era’s behalf and with its authority will not, directly or indirectly, import into the United States, sell for importation, and/or sell within the United States after importation any of New Era’s products that are encompassed by the Notice of Investigation (“the Subject Articles”), and will not aid, abet, encourage, participate in, or induce the importation into the United States, the sale for importation, or the sale within the United States after importation of the Subject Articles, except under consent or license from Brother.”
LD Products after it said earlier that “it will not be participating in the Investigation,” and will not oppose entry of a default, has now been found in default by the commission.
Categories : Around the Industry
Tags : Brother IP USITC Investigation
