Canon Appeals Key ITC Patent-Infringement Ruling

Canon Inc. of Tokyo, Japan, reported today that it’s appealed the U.S. International Trade Commission’s 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 said it believes that the final determination was based on an overly narrow and legally erroneous construction of Canon’s patents, and through this appeal the U.S. Court of Appeals for the Federal Circuit will review the construction de novo, without deference to the ITC.


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.

Canon had argued that Ninestar, Aster, and Print-Rite 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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