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News Release 16-079
Inv. No(s). 337-TA-1011
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain inkjet printers, printheads, and ink cartridges, components thereof, and products containing same. The products at issue in the investigation are printers and print systems and components thereof, including printheads and ink cartridges.
The investigation is based on a complaint filed by HP Inc. of Palo Alto, CA, on May 27, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain inkjet printers, printheads, and ink cartridges, components thereof, and products containing same that infringe patents asserted by the complainant. The complainant requests that the USITC issue a general exclusion order, or in the alternative a limited exclusion order, and cease and desist orders.
The USITC has identified the following as respondents in this investigation:
Memjet, Ltd., of Dublin, Ireland;
Memjet US Services, Inc., of San Diego, CA;
Memjet Home and Office, Inc., of Eagle, ID;
Memjet North Ryde Pty Ltd. of North Ryde, New South Wales, Australia;
Memjet Technology Ltd. of Dublin, Ireland;
Memjet Holdings Ltd. of Dublin, Ireland;
Afinia LLC of Chanhassen, MN;
Astro Machine Corporation of Elk Grove Village, IL;
Colordyne Technologies, LLC, of Brookfield, WI;
Formax Technologies, Inc., of Dover, NH;
Neopost USA, Inc. (d/b/a Neopost Northwest, Neopost Northeast, Neopost Priority Systems, and/or Neopost Southeast) of Milford, CT;
Printware LLC of Eagan, MN;
VIPColor Technologies USA, Inc., of Newark, CA;
ABC Office (d/b/a Brent Barlow) of Kaysville, UT;
All for Mailers, Inc., of Feasterville, PA;
Fernqvist Labeling Solutions, Inc., of Mountain View, CA;
Information Management Services LLC (d/b/a MyBinding.com) of Hillsboro, OR;
JMP Business Systems, Inc., of Clovis, CA;
Mono Machines LLC of New York, NY;
Ordway Corporation (d/b/a Print & Finishing Solutions) of Placentia, CA;
Pacific Barcode, Inc., of Temecula, CA;
Pacific Code & Label, Inc., of Portland, OR;
Parts Now! LLC of Madison, WI;
Trademark Copysystems Inc. (d/b/a Addrex – Addresser Sales Company) of Cleveland, OH; and
Vivid Data Group LLC of Dallas, TX.
By instituting this investigation (337-TA-1011), 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 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.