On May 27, 2016, HP Inc. of Palo Alto, California (“HP”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
The complaint alleges that the following entities (collectively, the “Proposed Respondents”) unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain inkjet printers, printheads, ink cartridges, components thereof, and products containing same that infringe one or more claims of U.S. Patent Nos. 6,270,201 (the ‘201 patent), 6,491,377 (the ‘377 patent), 6,260,952 (the ‘952 patent), 7,004,564 (the ‘564 patent), 7,090,343 (the ‘343 patent), and 7,744,202 (the ‘202 patent) (collectively, the “asserted patents”):
- Memjet, Ltd. of Ireland
- Memjet US Services, Inc. of San Diego, California
- Memjet Home and Office, Inc. of Eagle, Idaho
- Memjet North Ryde Pty Ltd. of Australia
- Memjet Technology Ltd. of Ireland
- Memjet Holdings Ltd. of Ireland
- Afinia LLC of Chanhassen, Minnesota
- Astro Machine Corp. of Elk Grove Village, Illinois
- Colordyne Technologies, LLC of Brookfield, Wisconsin
- Formax Technologies, Inc. of Dover, New Hampshire
- Neopost USA, Inc. of Milford, Connecticut
- Printware LLC of Eagan, Minnesota
- VIPColor Technologies USA, Inc. of Newark, California
- ABC Office of Kaysville, Utah
- All for Mailers, Inc. of Feasterville, Pennsylvania
- Fernqvist Labeling Solutions, Inc. of Mountain View, California
- Information Management Services LLC of Hillsboro, Oregon
- JMP Business Systems, Inc. of Clovis, California
- Mono Machines LLC of New York, New York
- Ordway Corp. of Placentia, California
- Pacific Barcode Inc. of Temecula, California
- Pacific Code & Label, Inc. of Portland, Oregon
- Parts Now! LLC of Madison, Wisconsin
- Trademark Copysystems Inc. of Cleveland, Ohio
- Vivid Data Group LLC of Dallas, Texas
According to the complaint, the asserted patents generally relate to inkjet printer technology. In particular, the ‘201 patent relates to a high speed printing system that is capable of ejecting ink drops with a predictable volume. The ‘377 patent relates to a printing system with a high density of nozzles for generating ink drops. The ‘952 patent relates to improved electrical connections in an inkjet printhead. The ‘564 and ‘343 patents relate to the configuration of a printing-fluid container, such as an ink cartridge. Lastly, the ‘202 patent relates to the configuration of a printing-fluid container, such as an ink cartridge, in a printer’s ink transport system.
In the complaint, HP states that the Proposed Respondents import and sell products that infringe the asserted patents. The complaint specifically refers to various Memjet inkjet printers, printheads, and ink cartridges as infringing products and states that the other Proposed Respondents either are original equipment manufacturers that incorporate these accused Memjet products into their own products or are distributors of infringing Memjet products.
Regarding domestic industry, HP states that its own inkjet printers, printheads, and/or ink cartridges practice the asserted patents. HP further states that it has made significant and/or substantial investments in these products in the U.S. HP refers to a confidential exhibit in support of its economic prong allegations.
As to related litigation, HP states that, concurrently with the filing of the instant ITC complaint, it also filed a complaint against Memjet, Ltd. and others in the U.S. District Court for the District of Oregon alleging infringement of certain of the asserted patents. HP also states that on August 11, 2015, Memjet Tech. Ltd. filed a complaint against HP in the U.S. District Court for the Southern District of California alleging infringement of eight patents, and HP has counterclaimed in that action for infringement of the ‘377 patent.
With respect to potential remedy, HP requests that the Commission issue a permanent general exclusion order, a permanent limited exclusion order, and permanent cease and desist orders directed at the Proposed Respondents and related entities.