In re Certain Toner Cartridges and Components Thereof (337-TA-731)

In re Certain Toner Cartridges and Components Thereof (337-TA-731)

USITC (2011)

Long-Time Fitzpatrick Client Canon Obtains ITC Consent Order Prohibiting Importation and Sale of Laser Beam Printer Toner Cartridges

Fitzpatrick, on behalf of clients Canon Inc., Canon U.S.A., Inc. and Canon Virginia, Inc., initiated an Investigation in the U.S. International Trade Commission against some twenty Chinese and U.S. Respondents, including several Ninestar companies and several retailers of Ninestar products, seeking to exclude the importation and sale of laser beam printer toner cartridges compatible with Canon and HP printers, on the grounds that those cartridges infringed two of Canon’s patents. Fitzpatrick also brought a concurrent patent infringement action on behalf of Canon Inc. against those entities in the U.S. District Court for the Southern District of New York. After months of active litigation in the fast-paced ITC, the Commission issued a Consent Order prohibiting the importation and sale of the accused products by all Respondents. The Southern District thereafter issued a Consent Judgment and Permanent Injunction prohibiting those parties from making, using and selling the accused products.

The Canon litigation team was led by Fitzpatrick partners Nicholas Cannella, Michael Sandonato, Edmund Haughey and Stephen Belisle with associates Anna Huang, Preston Heard and Michael Fuerch.