In re Certain Toner Cartridges and Components Thereof (337-TA-918)

In re Certain Toner Cartridges and Components Thereof (337-TA-918)

USITC (2015)

Fitzpatrick Obtains Another General Exclusion Order from ITC for Longtime Client Canon

On August 31, 2015, the International Trade Commission issued a General Exclusion Order in Investigation 337-TA-918, prohibiting the importation of toner cartridges and components thereof that infringe five Canon patents on laser toner cartridge technology. The Commission also issued Cease and Desist Orders against many of the Respondents in the Investigation, prohibiting the sale of infringing toner cartridges and components that have already been imported.

Fitzpatrick, on behalf of Canon Inc., Canon U.S.A., Inc., and Canon Virginia, Inc., filed the Complaint that led to the Investigation against thirty-one foreign and U.S. Respondents, seeking to exclude the importation and sale of infringing toner cartridges compatible with certain Canon and HP printers. Fitzpatrick also brought concurrent patent infringement actions on behalf of Canon Inc. against those entities in the U.S. District Court for the Southern District of New York. In May of this year, the Administrative Law Judge presiding over the Investigation determined that Canon had proven that its patents had been violated, and recommended that a GEO issue to remedy the violations. The issuance of the GEO marks a successful conclusion of the Investigation for Canon. This is the second GEO that Fitzpatrick has obtained from the ITC on behalf of Canon.

The Canon litigation team included Fitzpatrick partners Nicholas Cannella, Michael Sandonato, Edmund Haughey, Stephen Belisle, Diego Scambia, Justin Oliver, and Joshua Rothman, and associates Donald Heckenberg, Anna Huang, Seth Boeshore, Austin Ginnings, John Nappi, Robert Pickens, Sean McCarthy, and Margaret Scales.