27
May
On May 25, 2010, Hewlett-Packard Company of Palo Alto, California, and Hewlett-Packard Development Company (“HPDC”), L.P. of Houston, Texas (collectively, “HP”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

The complaint alleges that MicroJet Technology Co., Ltd. of Taiwan (“MicroJet”), Asia Pacific Microsystems, Inc. of Taiwan (“APM”), Mipo Technology Limited of Hong Kong, Mipo Science & Technology Co., Ltd. of China, Mextec d/b/a Mipo America Ltd. of Miami, Florida, SinoTime Technologies, Inc. d/b/a All Colors of Miami, Florida, and PTC Holdings Limited of Hong Kong (“PTC”) (collectively "proposed respondents"), have engaged in violations of Section 337 through the unlicensed importation into the United States, the sale for importation, and/or the sale within the United States after importation of the accused products that infringe one or more claims of United States Patent Nos. 6,234,598 ("the '598 patent"), 6,309,053 ("the '053 patent"), 6,398,347 ("the '347 patent"), 6,412,917 ("the '917 patent"), 6,481,817 ("the '817 patent"), and 6,402,279 ("the '279 patent") (collectively, the "HP Patents").

According to the complaint, the “technology and products at issue generally relate to thermal inkjet printing devices, and more particularly to inkjet ink cartridges that include a component portion, known as a printhead.”  Specifically, (1) the ‘598 patent “primarily relates to an inkjet printhead, having a large number of ink ejectors, that reduces the number of interconnections needed to energize heater resistors (that power the ink ejectors) by using shared electrical ground returns,” (2) the ‘053 patent “primarily relates to inkjet printheads that include heater resistors that fire an ink drop when selected,” (3) the ‘347 patent “relates to uniformly energized heater resistors in an inkjet printhead,” (4) the ‘917 patent “relates to a narrow inkjet printhead having efficient FET drive circuits that are configured to compensate for parasitic resistances of power traces,” and (5) the ‘817 and ‘279 patents “relate[ ] to the transfer of drop generator activation information from a printer to a print cartridge to eject ink onto a print medium based on the image to be printed.”

In the complaint, HP alleges that MicroJet and/or APM manufacture infringing ink cartridges, and the remaining proposed respondents import those products into the United States, sell them for importation into the United States, and/or sell them after they have been imported into the United States.  HP further alleges that at least MicroJet and/or APM are contributory infringers of the HP Patents because their products are not staple articles or commodities, but rather are known to be particularly adapted for use in practicing the inventions of the HP Patents.  The complaint specifically identifies the following as infringing products:  Mipo's HP 57-compatible color ink cartridge (product code MP 57 - C6657A) and HP 28-compatible color ink cartridge (product code MP 28 - C8728A); PTC's HP 21-compatible black ink cartridge (product codes HC 21; HC 21XL - C9351) and HP 22-compatible color ink cartridges (product codes HC 22XL - C9352).

As to the technical prong of the domestic industry requirement, the complaint asserts that ink cartridges from the following HP product families practice the asserted claims of the HP Patents:  HP 21, HP 22, HP 27, HP 28, HP 54, HP 56, HP 57, HP 58, and HP 59.  Examples of specific ink cartridges from these product families include: (i) the C6657A, C8728A, C9352A, C9352C, C9352D, and CB278A color ink cartridges; (ii) the C6656A, C8727A, C9351A, C9351C, C9351D, and CB334A black ink cartridges and (iii) the C9359A, and CC6658A photo print cartridges.

With respect to the economic prong of the domestic industry, the complaint alleges that HP has conducted and continues to conduct activities with respect to the design and development, manufacturing administration and control, sourcing, packaging, distribution, warranty and returns, and sales and marketing activities relating to the domestic industry products.  The complaint further alleges that HP has made and/or continues to make significant U.S. investments in the facilities, labor, equipment and/or capital to support these activities, as well as significant investments in the exploitation of the HP Patents.

Regarding related litigation, HP asserts in the complaint that on May 20, 2010, HP and HPDC filed a complaint against proposed respondents in the U.S. District Court for the Northern District of California relating to the same HP Patents in Case No. CV-10-2175-HRL.  The complaint also identifies that on March 5, 2010, HP filed a complaint with the ITC against the several of the same proposed respondents, and that HP moved to terminate the Investigation based on a withdrawal of the March 5, 2010 complaint.  See our March 8, 2010 post.  HP also identified that it filed on March 5, 2010, and then voluntarily dismissed on May 20, 2010, a complaint against several of the same proposed respondents in the U.S. District Court for the Northern District of California relating to the same HP Patents in Case No. CV-I0-00965-EMC.

As to potential remedy, HP requests that the Commission issue a permanent general exclusion order (or, in the alternative, a permanent limited exclusion order), and permanent cease and desist orders directed to the proposed respondents.