Canon to Appeal ITC Affirmation of No Patent Infringement

The legal battle continues between Canon, Ninestar, Static Control, and some other makers of non-OEM toner cartridges and supplies. On May 20th, the United States International Trade Commission (ITC) issued a notice affirming the Administrative Law Judge (ALJ)’s initial determination granting Ninestar, Static Control, and some other aftermarket toner-cartridge makers motions for summary determination of non-infringement. of various Canon Inc. patents relating to toner cartridges primarily used in HP laser printers. Accordingly, the commission determined there was no violation of section 337 and terminated its  investigation is terminated.

However, on May 22, 2019, Canon Inc. announced that it plans to appeal this final determination terminating Investigation No. 337-TA-1106, which pertains to certain toner cartridges and photosensitive drum units sold for use in Canon and HP laser printers. Canon states that, in reaching its decision, the ITC determined that the claims at issue should be interpreted narrowly to exclude the respondents’ accused products. Canon believes that narrow interpretation “is legally erroneous,” and will appeal the decision to the U.S. Court of Appeals for the Federal Circuit, which will review the construction de novo, without deference to the ITC.


Last month, Canon Inc., Canon U.S.A., and Canon Virginia  filed a petition to reverse a key ruling issued by the ITC in March 2019 that non-OEM 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.

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.

Canon Inc., Canon U.S.A., and Canon Virginia, Inc. filed a complaint on February 28, 2018 with the ITC, alleging that certain toner cartridges and components made and sold by Ninestar, Static, Print-Rite, Aster and various other companies infringe on nine of Canon’s U.S. patents. On June 13, 2018, Canon filed a motion to amend the complaint which reduced the number of patents to seven: U.S. Patent Nos. 9,746,826; 9,836,021; 9,841,729; 9,857,764; 9,857,765; 9,869,960; 9,874,846.

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