11
Jan
By Alex Gasser
On January 11, 2011, the International Trade Commission published a notice that it issued a general exclusion order, a cease and desist order, and terminated the Investigation in Certain Inkjet Ink Supplies and Components Thereof (Inv. No. 337-TA-691).

By way of background, the Complainant in this investigation was Hewlett-Packard Co. (“HP”).  Comptree Ink, InkPlusToner.com, SmartOne Services LLC, and Zhuhai Gree Magneto-Electric Co., Ltd. were terminated from the Investigation due to settlement agreements or consent orders.  The following remaining seven Respondents (collectively, “the Defaulting Respondents”) failed to answer the Complaint and were found in default:

•Zhuhai National Resources & Jingjie Imaging Products Co., Ltd. of China
•Mipo International Ltd. of Hong Kong
•Mextec Group Inc. d/b/a Mipo America Ltd. of Miami, Florida
•Shanghai Angel Printer Supplies Co. Ltd. of China
•Shenzhen Print Media Co., Ltd. of China
•Tatrix International of China
•Ourway Image Co., Ltd. of China

On August 30, 2010, ALJ Essex granted HP's motion for summary determination that a domestic industry exists and that the Defaulting Respondents violated section 337 with respect to claims 6 and 9 of U.S. Patent No. 6,089,687 (687 patent) and claims 1, 5, and 6 of U.S. Patent No. 6,264,301 (301 patent).  ALJ Essex further provided recommendations as to a remedy, should a violation ultimately be found by the Commission.

After reviewing the relevant portions of the record, the Commission determined to follow the recommendations of ALJ Essex and issued a general exclusion order with respect to claims 6 and 9 of the ’687 patent and claims 1, 5, and 6 of the ’301 patent, and a cease and desist order against Mextec Group Inc. with respect to the same claims.
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