On July 5, 2017, ALJ David P. Shaw issued Order No. 5 in Certain Ink Cartridges (Inv. No. 337-TA-565/946).
By way of background, this proceeding is based on an April 2017 request filed by Ninestar Image Tech Ltd., Ninestar Technology Company, Ltd. and Apex Microtech Ltd. (collectively, “Ninestar”) seeking an advisory opinion that Ninestar’s re-manufactured ink cartridges are outside the scope of the existing general exclusion and cease and desist orders. The underlying 337-TA-946 investigation is based on a December 23, 2014 complaint filed by Epson Portland Inc., Epson America, Inc., and Seiko Epson Corp. alleging violation of Section 337 in the importation into the U.S. and sale of certain unauthorized, aftermarket ink cartridges and components thereof that infringe one or more claims of U.S. Patent Nos. 8,366,233; 8,454,116; 8,794,749; 8,801,163; and 8,882,513. See our December 29, 2014 and February 11, 2015 posts for more details on the complaint and Notice of Investigation, respectively.
According to Order No. 5, ALJ Shaw set the procedural schedule for the advisory opinion proceeding. Specifically, ALJ Shaw determined, inter alia, that the hearing in this matter will take place on October 26-27, 2017, and the advisory opinion will be issued no later than December 16, 2018.
