Posts tagged: International Trade Commission

No Change on First Sale for Patented Cartridges

John Shane
 Apr 4, 2013

Last month, the U.S. Supreme Court, in Kirtsaeng vs. Wiley, ruled that under US law there is international exhaustion regarding copyright under the first sale doctrine. In terms of copyright, products legally sold outside the US exhaust the copyright in the US. However, the large majority of issues related to the cartridge remanufacturing industry are patent related and not copyright. This decision did not impact patents. However, it is the first step that would need to happen in terms of changes in case law that would impact the cartridge remanufacturing industry based on cases known to be coming down the line. From the point of view of patent exhaustion for cartridges, and whether remanufacturers can legally sell remanufactured cartridges in the US when they are made from cartridges that were  first sold outside the US, or whether they need to track the first sale location at all, Wiley was the first case that remanufacturers needed to answer that question.

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Canon Continues Legal Strategy for Drum Patent Protection

Other Posts
 Feb 2, 2012
On January 23, 2012, Canon Inc. of Japan, Canon U.S.A., Inc. of Lake Success, NY, and Canon Virginia, Inc., of Newport News, VA filed another complaint with the ITC to begin an investigation into two patents. At the same time, Canon filed civil action against the respondents in the U.S. District Court for the Southern District of New York for the same patents. The two photoconductor patents are the same two patents that Canon had previously alleged patent infringement in 2010 for an ITC complaint (337-TA-731). This investigation was terminated in May 2011 due to the issue of a consent order prohibiting all 20 respondents including Ninestar from importing into the U.S. The patents are 5,903,803 and 6,128,454. Read more »

ITC Issues General Exclusion Order for Certain Lexmark Toner Cartridges

Other Posts
 Nov 16, 2011

In September, the International Trade Commission issued a notice to terminate the investigation in Certain Toner Cartridges and Components Thereof (Inv. No. 337-TA-740) with a finding of a violation of Section 337. The Commission further determined to issue a general exclusion order (GEO) and cease and desist orders (CDOs). A GEO prohibits the unlicensed entry into the U.S. of toner cartridges and components that infringe certain claims of the asserted Lexmark patents by any company. CDOs are directed at the domestically-based respondents that defaulted and foreign-based defaulting respondents which produce the same result in that these companies cannot import or sell the affected products into the United States either.  In the world of ITC complaints this decision by the ITC could be viewed as a “slam dunk.”  Read more »

Lexmark Files Patent Infringement Suit for Toner Cartridges

Other Posts
 Aug 26, 2010

On August 23, 2010, Lexmark International, Inc. announced that it had filed a patent infringement complaint with the United States International Trade Commission against 24 companies that manufacture, import, and sell replacement cartridges for various Lexmark laser printers and multifunction devices. The following printers are associated with the complaint: T520, T610, T620, T630, T640, E120, E220, E230, E232, E234, E238, E240, E250, E320, E322, E321, E323, E330, E332, E340, E342, E350, E352, and/or E450 laser printer series. Read more »

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