October 20, 2009
News Release 09-085
Inv. No. 337-TA-690
Contact: Peg O'Laughlin, 202-205-1819
USITC INSTITUTES SECTION 337 INVESTIGATION
ON CERTAIN PRINTING AND IMAGING DEVICES AND COMPONENTS THEREOF
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain printing and imaging devices and components thereof. The products at issue in this investigation are multifunction printers having, for example, the capability to scan, copy, and email documents as well as toner cartridges and fuser units for these printers.
The investigation is based on a complaint filed by Ricoh Company, Ltd., of Japan; Ricoh Americas Corporation of West Caldwell, NJ; and Ricoh Electronics, Inc., of Tustin, CA, on September 18, 2009. Letters supplementing the complaint were filed on October 9, 2009. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain printing and imaging devices and components thereof that infringe patents asserted by Ricoh. The complainants request that the USITC issue an exclusion order and a cease and desist order.
The USITC has identified the following as respondents in this investigation:
Oki Data Corporation of Japan; and
Oki Data Americas, Inc., of Mount Laurel, NJ.
By instituting this investigation (337-TA-690), the USITC has not yet made any decision on the merits of the case. The USITC's Chief Administrative Law Judge will assign the case to one of the USITC's six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The USITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation. USITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.