On June 24, 2015, the International Trade Commission (the "Commission") issued a notice determining to review-in-part an Initial Determination ("ID") issued by the ALJ in Certain Toner Cartridges and Components Thereof (Inv. No. 337-TA-918).
By way of background, this investigation is based on a May 7, 2014 complaint filed by Canon Inc.; Canon U.S.A., Inc.; and Canon Virginia, Inc. (collectively, "Canon") alleging violation of Section 337 in the importation into the U.S. and sale of certain toner cartridges and components thereof, namely photosensitive drum units, that infringe one or more claims of U.S. Patent Nos. 8,280,278; 8,630,564; 8,682,215; 8,676,090; 8,369,744; 8,565,640; 8,676,085; 8,135,304; and 8,688,008. See our May 8, 2014 and June 11, 2014 posts for more details on the complaint and the notice of investigation, respectively. On May 12, 2015, the ALJ issued an ID (Order No. 34) granting Canon's motion for summary determination of violation and recommending the issuance of a general exclusion order and several cease and desist orders. No party petitioned for review of the ID.
The Commission determined to review the portion of the ID titled "Establishing Violations Of Section 337 Through Uncontested Allegations" on pages 46-50 of the ID and, on review, to strike the above-referenced portion of the ID, as well as any language referring to that stricken portion (e.g., "The uncontested allegations and adverse inferences aside," in the first sentence of the last paragraph on page 50), as irrelevant in reaching the ALJ's violation determination. The Commission also determined to strike any references to uncontested allegations as submitted evidence on violation (e.g., "; see also Complaint 1111 160-161 (uncontested allegations)" in the third line of page 56). The finding of violation as to these respondents is based on substantial, reliable, and probative evidence. See 19 U.S.C. § 1337(g)(2). The Commission also determined to correct certain typographical and citation errors in the ID. The Commission determined not to review the remainder of the ID.
The Commission also stated that it is interested in receiving written submissions that address the form of remedy, if any, that should be ordered, the effects of any such remedy on the public interest, and the amount of bond that should be imposed if remedy is ordered.
Written submissions are due by July 13, 2015, with reply submissions due by July 20, 2015.