On November 29, 2011, the International Trade Commission (“Commission”) issued a notice finding a violation of Section 337 and issuing a general exclusion order (“GEO”) in Certain Inkjet Ink Supplies and Components Thereof (Inv. No. 337-TA-730).

By way of background, on August 26, 2011, ALJ Theodore R. Essex issued the public version of an Initial Determination (“ID”) (dated August 3, 2011) granting Complainants Hewlett-Packard Company and Hewlett-Packard Development Company’s (collectively, “HP”) motion for summary determination that HP satisfied the domestic industry requirement and that defaulting Respondents Shanghai Angel Printer Supplies Co., Ltd., Zhuhai National Resources & Jingjie Imaging Products Co., Ltd., Tatrix International, and Ourway Image Co. Ltd. (collectively, the “Defaulting Respondents”) had violated Section 337 with respect to certain claims of U.S. Patent Nos. 6,959,985 (the ‘985 patent) and 7,104,630 (the ‘630 patent).  See our August 30, 2011 post for more details.   According to the notice, non-defaulting Respondents Mipo International, Ltd., Mextec Group Inc., and Shenzhen Print Media Co., Ltd. were terminated from the investigation based on either a settlement agreement with HP or because HP withdrew its allegations against them.

According to the notice, the Commission on September 1, 2011 determined not to review ALJ Essex’s ID and requested briefing on remedy, the public interest, and bonding.  Only HP and the Commission investigative attorney timely filed submissions, and both proposed GEOs.  The notice further stated that Commission determined that the appropriate form of relief is indeed a GEO prohibiting the unlicensed entry of inkjet cartridges and components thereof covered by one or more of claims 1-5, 7, 22-25, 27 and 28 of the ‘985 patent and claims 1-7, 11-12, 14, 26-30, 32, 34 and 35 of the ‘630 patent.   The Commission further determined that the bond for temporary importation during the period of Presidential review shall be in the amount of 100 percent of the value of the imported articles that are subject to the order.  The notice additionally stated that the investigation is terminated.