On April 8, 2021, the ITC issued Notices of Investigation in Certain Toner Supply Containers and Components Thereof (I) (Inv. No. 337-TA-1259) and Certain Toner Supply Containers and Components Thereof (II) (Inv. No. 337-TA-1260).

By way of background, this investigation is based on a March 8, 2021 complaint (see Part I, Part II, Part III, Part IV) filed by Canon Inc. of Japan, Canon U.S.A., Inc. of Melville, New York, and Canon Virginia, Inc. of Newport News, Virginia (collectively, “Canon”) alleging violations of Section 337 by 26 respondents in China and the U.S. in the unlawful importation and/or sale in the U.S. of certain toner supply containers and components thereof that infringe one or more claims of U.S. Patent No. 10,209,667 (“the ’667 patent”); U.S. Patent No. 10,289,060 (“the ’060 patent”); U.S. Patent No. 10,289,061 (“the ’061 patent”); U.S. Patent No. 10,295,957 (“the ’957 patent”); U.S. Patent No. 10,488,814 (“the ’814 patent”); U.S. Patent No. 10,496,032 (“the ’032 patent”); U.S. Patent No. 10,496,033 (“the ’033 patent”); U.S. Patent No. 10,514,654 (“the ’654 patent”): U.S. Patent No. 10,520,881 (“the ’881 patent”); U.S. Patent No. 10,520,882 (“the ’882 patent”); U.S. Patent No. 8,565,649 (“the ’649 patent”); U.S. Patent No. 9,354,551 (“the ’551 patent”); and U.S. Patent No. 9,753,402 (“the ’402 patent”).

According to the complaint, the asserted patents fall into two families with the patents in each family having the same disclosure and similar claims. The Group I patents are the ’667, ’060, ’061, ’957, ’814, ’032, ’033, ’654, ’881, and ’882 patents. The Group II patents are the ’649, ’551, and ’402 patents. All the asserted patents generally relate to toner supply containers for use in an electrophotographic image forming apparatus, such as a copier. The Group I patents are the subject of the 337-TA-1259 investigation and the Group II patents are the subject of the 337-TA-1260 investigation.

Cannon is requesting that the Commission issue a general exclusion order or, alternatively, a permanent limited exclusion order and a permanent cease and desist order directed to each respondent. According to the Notices of Investigation, the Office of Unfair Import Investigations will participate as a party in both investigations. Lastly, Chief ALJ Charles E. Bullock issued notices that ALJ David P. Shaw will preside in the 337-TA-1259 investigation and ALJ Clark S. Cheney will preside in the 337-TA-1260 investigation.