Canon Files Appeal to Reverse ITC Ruling of Non-Infringement

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Canon Inc., Canon U.S.A., and Canon Virginia have filed a petition to reverse a key ruling issued by the U.S. International Trade Commission (ITC) last month that toner cartridges designed for use in HP laser printers and sold by three companies, Aster, Ninestar, and Print-Rite, did not infringe on Canon patents.

Background

In March 2018, the ITC announced that it was initiating a patent-infringement investigation on behalf of Canon Inc. against a number of sellers of after-market third-party toner cartridges, including Ninestar, Print-Rite, and others (see here for the complete list).

Last month, an ITC administrative law judge ruled that the patents were not infringed upon, and that the ITC investigation has ended, writing: “Because Canon has not shown a violation of section 337 of the Tariff Act of 1930, as amended, with respect to Ninestar, Print-Rite, and Aster and the other named respondents have been found in default, I hereby terminate the investigation in its entirety.”

Canon had argued that the companies were infringing on its U.S. Patent Numbers 9,746,826; 9,836,021; 9,841,729; 9,857,764; 9,857,765; 9,869,960; 9,874,846; 9,841,727; and 9,841,728.

In her decision, the ITC judge wrote: “With respect to Canon’s motion for summary determination of infringement and Ninestar’s motion for summary determination of invalidity, these motions were premised on the claims being construed so as to not require a coupling member than can pivot between two angular positions. Canon and Ninestar agree that these motions have been rendered moot by the construction of the “movable” limitation adopted in Order No. 38. Joint Submission at 3.”

Canon Petition

In its petition, Canon argues that the ITC administrative law judge erred in her decision, and that the ruling of non-infringement should be reversed.

For more information, see Canon’s petition here.

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