On March 14, 2013, ALJ David P. Shaw issued the public version of Order No. 24 (dated February 26, 2013) granting Complainants Canon Inc., Canon U.S.A., Inc., and Canon Virginia, Inc.’s (collectively, “Canon”) Motion for Summary Determination that Canon satisfies the economic prong of the domestic industry requirement for the asserted patents in Certain Toner Cartridges (337-TA-829).

According to the Order, Canon argued that it satisfied the economic prong of the domestic industry requirement based on all three subsections of 19 U.S.C. § 1337(a)(3).  Specifically, Canon argued that its “significant investment in plant and equipment, its significant employment of labor and capital, and its substantial investment in the exploitation of the asserted patents, including engineering and quality assurance activities, each independently meet the economic prong of the domestic industry requirement.”  The Commission Investigative Staff supported the motion. 

ALJ Shaw determined that Canon has demonstrated all three subsections of § 1337(a)(3) and, accordingly, satisfies the economic prong of the domestic industry requirement for the asserted patents.  Therefore, ALJ Shaw granted Canon’s Motion for Summary Determination that Canon satisfies the economic prong of the domestic industry requirement.