On June 12, 2015, Canon Inc. of Japan, Canon U.S.A., Inc. of Melville, New York, and Canon Virginia, Inc. of Newport News, Virginia (collectively, "Canon") filed a complaint requesting that the ITC commence an investigation pursuant to Section 337. 

The complaint alleges that General Plastic Industrial Co., Ltd. of Taiwan ("General Plastic") and Color Imaging, Inc. of Norcross, Georgia ("Color Imaging") (collectively, the "Proposed Respondents") unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation certain toner supply containers and components thereof that infringe one or more claims of U.S. Patent Nos. 8,909,094 (the '094 patent) and 9,046,820 (the '820 patent) (collectively, the "asserted patents").

According to the complaint, the asserted patents share the same specification and are generally related to an inventive toner supply container, including a sealing member, which is usable in an electrophotographic image forming apparatus, such as a copy machine.

In the complaint, Canon states that the Proposed Respondents import and sell products that infringe the asserted patents.  The complaint specifically refers to various toner container models as representative infringing products.

Regarding domestic industry, Canon states that since 2013, it has manufactured toner supply containers that utilize technology covered by the asserted patents at its facilities in Newport News, Virginia.  Canon further states that it uses a significant amount of the total square footage of space at its Virginia facilities to manufacture such toner supply containers.  Canon also states that it employs in the U.S. a significant number of full-time personnel and contractors in connection with the manufacture of toner supply containers that practice the asserted patents.  Canon additionally states that it has made substantial investments in exploiting the asserted patents in the U.S., particularly through its engineering, quality assurance, and workforce development activities relating thereto.

As to related litigation, Canon states that on September 15, 2011, it filed a complaint alleging infringement of another patent in the same family as the asserted patents against UniNet Imaging, Inc. and UI Supplies, Inc. (collectively, "UniNet") and Color Imaging in the U.S. District Court for the Eastern District of Virginia.  That litigation resulted in a stipulation, consent order, and permanent injunction as to UniNet.  As to Color Imaging, the lawsuit was transferred to the U.S. District Court for the Northern District of Georgia, where General Plastic was later added as an additional defendant.  That case is still pending. In addition, Canon's complaint refers to various other U.S. and foreign litigations against other entities involving patents related to the asserted patents.

With respect to potential remedy, Canon requests that the Commission issue a permanent limited exclusion order and permanent cease and desist orders directed at the Proposed Respondents.