UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN TONER SUPPLY
`CONT AINERS AND COMPONENTS
`THEREOF
`
`Inv. No. 337-TA-960
`
`NOTICE OF INSTITUTION OF INVESTIGATION
`
`Institution of investigation pursuant to 19 U.S.C. § 1337
`
`AGENCY: U.S. International Trade Commission
`
`ACTION: Notice
`
`SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International
`Trade Commission on June 12, 2015, under section 337 ofthe Tariff Act of 1930, as amended,
`19 U.S.c. § 1337, on behalf of Canon Inc. of Japan; Canon U.S.A., Inc. of Melville, New York;
`and Canon Virginia, Inc. of Newport News, Virginia. The complaint alleges violations of
`section 337 based upon the importation into the United States, the sale for importation, and the
`sale within the United States after importation of certain toner supply containers and components
`thereof by reason of infringement of certain claims of U.S. Patent No. 8,909,094 ("the ' 094
`patent") and U.S. Patent No. 9,046,820 ("the ' 820 patent"). The complaint further alleges that an
`industry in the United States exists as required by subsection (a)(2) of section 337.
`
`The complainants request that the Commission institute an investigation and, after the
`investigation, issue a limited exclusion order and cease and desist orders.
`
`ADDRESSES: The complaint, except for any confidential information contained therein, is
`available for inspection during official business hours (8:45 a.m. to 5: 15 p.m.) in the Office of
`the Secretary, U.S. International Trade Commission, 500 E Street, S.W., Room 112, Washington,
`D.C. 20436, telephone (202) 205-2000. Hearing impaired individuals are advised that
`information on this matter can be obtained by contacting the Commission's TDD terminal on
`(202) 205-1810. Persons with mobility impairments who will need special assistance in gaining
`access to the Commission should contact the Office of the Secretary at (202) 205-2000. General
`information concerning the Commission may also be obtained by accessing its internet server at
`http://www.usitc.gov. The public record for this investigation may be viewed on the
`Commission's electronic docket (EDIS) at http://edis.usitc.gov.
`
`FOR FURTHER INFORMATION CONTACT: The Office of the Secretary, Docketing Services
`Division, U.S. International Trade Commission, telephone (202) 205-1802.
`
`1
`
`CANON KABUSHIKI KAISHA EXHIBIT 2008
`General Plastic Indus. Co. v. Canon Kabushiki Kaisha
`IPR2016-01359
`
`

`
`AUTHORITY: The authority for institution of this investigation is contained in section 337 of
`the Tariff Act of 1930, as amended, and in section 210.10 of the Commission 's Rules of Practice
`and Procedure, 19 C.F.R. § 210.10 (2015).
`
`SCOPE OF INVESTIGATION: Having considered the complaint, the U.S. International Trade
`Commission, on July 9, 2015, ORDERED THAT -
`
`(1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an
`investigation be instituted to determine whether there is a violation of subsection (a)(l)(B) of
`section 337 in the importation into the United States, the sale for importation, or the sale within
`the United States after importation of certain toner supply containers and components thereof by
`reason of infringement of one or more of claims 1, 7-9, 11 , 16-18, 29, and 38 of the ' 094 patent
`and claims 1, 7-9, and 16 of the '820 patent, and Whether an industry in the United States exists
`as required by subsection (a)(2)of section 337;
`
`(2) For the purpose of the investigation so instituted, the following are hereby named as
`parties upon which this notice of investigation shall be served:
`
`(a) The complainants are:
`
`Canon Inc.
`30-2, Shimomaruko 3-chome
`Ohta-ku, Tokyo 146-8501
`Japan
`
`Canon U.S.A., Inc.
`One Canon Park
`Melville, NY 11747
`
`Canon Virginia, Inc.
`12000 Canon Boulevard
`Newport News, V A 23606
`
`(b) The respondents are the following entities alleged to be in violation of section
`337, and are the parties upon which the complaint is to be served:
`
`General Plastic Industrial Co., Ltd.
`50 Tzu-Chiang Road
`Wu-Chi Town, Taichung County
`Taiwan
`
`Color Imaging, Inc.
`4350 Peachtree Industrial Blvd., Suite 100
`Norcross, GA 30071
`
`2
`
`2
`
`

`
`(3) For the investigation so instituted, the Chief Administrative Law Judge, u.s.
`International Trade Commission, shall designate the presiding Administrative Law Judge.
`
`The Office of Unfair Import Investigations will not participate as a party in this
`investigation.
`
`Responses to the complaint and the notice of investigation must be submitted by the
`named respondents in accordance with section 210.13 of the Commission' s Rules of Practice and
`Procedure, 19 C.F.R. § 210.13 . Pursuant to 19 C.F.R. §§ 201.16(e) and 210. 13 (a), such
`responses will be considered by the Commission if received not later than 20 days after the date
`of service by the Commission of the complaint and the notice of investigation. Extensions of
`time fOF submitting responses to the complaint and the notice of investigation will not be granted
`unless good cause therefor is shown.
`
`Failure of a respondent to file a timely response to each allegation in the complaint and in
`this notice may be deemed to constitute a waiver of the right to appear and contest the allegations
`of the complaint and this notice, and to authorize the administrative Jaw judge and the
`Commission, without further notice to the respondent, to fmd the facts to be as alleged in the
`complaint and this notice and to enter an initial determination and a final determination
`containing such findings, and may result in the issuance of an exclusion order or a cease and
`desist order or both directed against the respondent.
`
`By order of the Commission.
`
`Issued: July 10, 2015
`
`Lisa R. Barton
`Secretary to the Commission
`
`3
`
`3
`
`

`
`CERTAIN TONER SUPPLY CONTAINERS AND
`COMPONENTS THEREOF ,
`
`Inv. No. 337-TA-960
`
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached NOTICE OF INSTITUTION OF
`INVESTIGATION has been served by hand upon the Office of Unfair Import Investigations
`and the following parties as indicated, on July 10,2015.
`.
`
`" ~~:
`_
`. .
`._.=.J
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`Complainants:
`
`.
`Canon Inc .
`30-2 Shimomaruko 3-chome
`Ohta-ku, Tokyo 146-8501
`Japan
`
`Canon U.S.A., Inc.
`One Canon Park
`Melville, NY 11747
`
`Canon Virginia, Inc.
`12000 Canon Boulevard
`Newport News, V A 23606
`
`On Behalf of Complainants:
`
`Edmund J. Haughey, Esq.
`FITZPATRICK, CELLA, HARPER & SCINTO
`975 F Street, NW
`Washington, DC 20004
`
`Respondents:
`
`General Plastic Industrial Co., Ltd.
`50 Tzu-Chiang Road
`Wu-Chi Town, Taichung County
`Taiwan
`
`o Via Hand Delivery
`181 Via Express Delivery
`o Via First Class Mail
`o Other: ____ _
`n Via Hand Delivery
`181 Via Express Delivery
`o Via First Class Mail
`o Other: _____ _
`o Via Hand Delivery
`181 Via Express Delivery
`o Via First Class Mail
`o Other: - - - - - -
`
`o Via Hand Delivery
`181 Via Express Delivery
`o Via First Class Mail
`o Other: "- - - - - -
`
`o Via Hand Delivery
`181 Via Express Delivery
`o Via First Class Mail
`o Other: - - - - - -
`
`4
`
`

`
`CERTAIN TONER SUPPLY CONTAINERS AND
`COMPONENTS THEREOF
`
`Inv. No. 337-TA-960
`
`Certificate of Service - Page 2
`
`,
`Color Imaging, Inc.
`4350 Peachtree Industrial Blvd., Suite 100
`Norcross, GA 30071
`
`Embassy:
`
`Taipei Economic & Cultural Representative Office
`4201 Wisconsin Avenue, NW
`Washington, DC 20016
`
`Government Agencies:
`
`Edward T. Hand, Chief
`Foreign Commerce Section
`Antitrust Division
`U.S. Department of Justice
`450 5th Street NW, Room 11000
`Washington, DC 20530
`
`",
`!
`
`Intellectual Property Rights Branch
`Regulations and Rulings
`Office of International Trade
`U.S. Customs and Border Protection
`90 K Street, NE, 10th Floor
`Washington, DC 20229-1177
`
`Elizabeth Kraus, Deputy Director
`International Antitrust, Office of International Affairs
`Federal Trade Commission
`600 Pennsylvania A venue, Room 498
`Washington, DC 20580
`
`Dale D. Berkley, Ph.D., J.D.
`Office of General Counsel, PHD, NIH Branch
`National Institutes of Health
`31 Center Drive
`Bldg. 31 , Rm. 47
`Bethesda, MD 20892
`
`o Via Hand Delivery
`C8J Via Express Delivery
`o Via First Class Mail
`o Other: _____ _
`
`o Via Hand Delivery
`C8J Via Express Delivery
`o Via First Class Mail
`o Other: _____ _
`
`o Via Hand Delivery
`o Via Express Delivery
`C8J Via First Class Mail
`o Other:, _____ _
`
`o Via Hand Delivery
`o Via Express Delivery
`C8J Via First Class Mail
`o Other:, _ _ _ _ _ _
`
`o Via Hand Delivery
`o Via Express Delivery
`C8J Via First Class Mail
`o Other: _____ _
`
`o Via Hand Delivery
`o Via Express Delivery
`C8J Via First Class Mail
`o Other: _____ _
`
`5
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`~July 10, 2015
`
`Canon Inc.
`30-2 Shimomaruko 3-chome
`Ohta-ku, Tokyo 146-8501
`Japan
`
`Re:
`
`Certain Toner Supply Containers and Components Thereof
`Inv. No. 337-TA-960
`
`Dear SirlMadam:
`
`This letter is to advise you that the U.S. International Trade Commission has instituted an
`investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). A copy
`of the Commission's notice of investigation is enclosed. Also enclosed is the Section
`337 Mediation Program brochure. After reviewing the broch1:lre, please sign and return
`.
`the enclosed certification of receipt.
`
`Sincerely,
`
`Lisa R. Barton
`Secretary
`
`Enclosures:
`I. Notice ofInvestigation
`2. Publication No. 4497 Regarding the Section 337 Mediation Program
`3. Certification of Receipt of Mediation Materials
`
`6
`
`

`
`UNITED STATES INTERNATIONAL TRADE CPMMISSION
`
`WASHINGTON, DC 20436
`
`~ July 10, 2015
`
`Canon U.S.A., 'Inc.
`One Canon Park
`Melville, NY 11747
`
`Re:
`
`Certain Toner Supply Containers and Components Thereof
`lnv. No. 337-TA-960
`
`Dear SirlMadam:
`
`This letter is to advise you that the U.S. International Trade Commission has instituted an
`investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). A copy
`of the Commission's notice of investigation is enclosed. Also enclosed is the Section
`337 Mediation Program brochure. After reviewing the brochure, please sign and return
`.
`the enclosed certification of receipt.
`
`Sincerely,
`
`Lisa R. Barton
`Secretary
`
`Enclosures:
`1. Notice ofInvestigation
`2. Publication No. 4497 Regarding the Section 337 Mediation Program
`3. Certification of Receipt of Mediation Materials
`
`7
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`~ July 10, 2015
`
`Canon Virginia, Inc.
`12000 Canon Boulevard
`Newport News, VA 23606
`
`Re:
`
`Certain Toner Supp.Jy Containers and Components Thereof
`lov. No. 337-TA-960
`
`Dear SirlMadam:
`
`This letter.is to advise you that the U.S. International Trade Commission has instituted an
`investigation pursuant to section 337 of the Tariff Act of 1930 (19 U.S.C. 1337). A copy
`of the Commission's notice of investigation is enclosed. Also enclosed is the Section
`337 Mediation Program brochure. After reviewing the brochure, please sign and return
`the enclosed certification of receipt.
`
`Sincerely,
`
`Lisa R. Barton
`Secretary
`
`Enclosures:
`I. Notice of[n vestigation
`2. Publication No. 4497 Regarding the Section 337 Mediation Program
`3. Certification of Receipt of Mediation Materials
`
`8
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`_July 10,2015
`
`, .
`
`Edmund J. Haughey, Esq.
`Fitzpatrick, Cella, Harper & Scinto
`975 F Street, NW
`Washington, DC 20004
`
`Re:
`
`Certain Toner Supply Containers and Components Thereof
`Inv. No. 337-TA-960
`
`Dear Mr Haughey:
`
`This letter is to advise you that the V.S . International Trade Commission has instituted an
`investigation pursuant to section 337 of the Tariff Act of 1930 (19 V.S.C. 1337). A copy
`of the Commission's notice of investigation is enclosed. Also enclosed is the Section
`337 Mediation Program brochure. After reviewing· the brochure, please sign and return
`the enclosed certification of receipt.
`
`Sincerely,
`
`\~
`
`Lisa R. Barton
`Secretary
`
`Enclosures:
`1. Notice ofInvestigation
`2. Publication No. 4497 Regarding the Section 337 Mediation Program
`3. Certification of Receipt of Mediation Materials
`
`9
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`.;..July 10, 2015
`
`General Plastic Industrial Co., Ltd.
`50 Tzu-Chiang Road
`Wu-Chi Town, Taichung County
`Taiwan
`
`Re:
`
`Certain Toner Supply Containers and Components Thereof
`Inv. No. 337-TA-960
`
`Dear SirlMadam:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.c.
`1337). General Plastic Industrial Co., Ltd. is a named respondent in this investigation.
`We are hereby serving you with a copy of the Complaint and the Notice of Investigation
`issued in this matter. Enclosed is a copy of the Code of Federal Regulations. Also
`enclosed is a the Section 337 Mediation Program brochure. After reviewing this
`brochure, please sign and return the enclosed certification of receipt.
`Please note that the Notice requires a response to the allegations in the Complaint and the
`response must be received not later than twenty (20) days after the date of service of the
`Complaint. Failure to file a response may result in inferences being drawn against your
`interests . .
`
`Sincerely,
`
`Lisa R. Barton
`Secretary
`
`Enclosures:
`I. Complaint
`2. Notice of Investigation
`3. Code of Federal Regulation
`4. Publication No. 4497 Regarding the Section 337 Mediation Program
`5. Certification of Receipt of Mediation Materials
`
`10
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION .
`
`WASHINGTON, DC 20436
`
`~July 10,2015
`
`Color Imaging, Inc.
`4350 Peachtree Industrial Blvd., Suite 100
`Norcross, GA 30071 .
`
`Re:
`
`Certain Toner Supply Containers and Components Thereof
`Inv. No. 337-TA-960
`
`Dear Sir/Madam:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 ofthe Tariff Act of 1930 (19 U.S.C.
`'
`1337). Color Imaging, Inc. is a named respondent in this investigation.
`
`We are hereby serving you with a copy of the Complaint and the Notice of Investigation
`issued in this matter. Enclosed is a copy of the Code of Federal Regulations, Also
`enclosed is a the Section 337 Mediation Program brochure. After reviewing this
`brochure, please sign and return the enclosed certification of receipt.
`
`Please note that the Notice requires a response to the 'allegations in the Complaint and the '
`response must be received not later than twenty (20) days after the date of service of the
`Complaint. Failure to file a response may result in inferences being drawn against your
`interests.
`
`Sincerely,
`
`Lisa R. Barton
`Secretary
`
`Enc losures:
`I. Complaint
`2, Notice ofInvestigation
`3, Code of Federal Regulation
`4, Publication No. 4497 Regarding the Section 337 Mediation Program
`5. Certification of Receipt of Mediation Materials
`
`11
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`July 10,2015
`.....
`
`Taipei Economic & Culmral Representative Office
`4201 Wisconsin Avenue, NW
`Washington, DC 20016
`
`Re:
`
`Certain Toner Supply Containers and Components Thereof
`Inv. No. 337-TA-960
`
`Dear SirlMadam:
`
`This letter is to advise you that the United States International Trade Corrunission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.c.
`1337). One or more of the parties named in the investigation is located in Taiwan.
`
`Pursuant to Commission Rule 210.11(a) (3), we are hereby serving you with a copy of
`the Complaint filed in this investigation together with a copy of the Corrunission's Notice
`of Investigation.
`
`Sincerely,
`
`Lisa R. Barton
`Secretary
`
`, ,
`
`Enclosures:
`1. Complaint
`2. Notice of Investigation
`
`12
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`_ July 10, 2015
`
`Edward T. Hand, Chief
`Foreign Commerce Section
`Antitrust Division
`U.S. Dept of Justice
`450 5th Street NW, Room 11000
`Washington, DC 20530
`
`Re:
`
`Certain Toner Supply Containers and Components Thereof
`Inv. No. 337-TA-960
`
`Dear Mr. Hand:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.c.
`1337). A copy of the Notice oflnvestigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Sally Bromley, Case Manager to the Hon. David P. Shaw
`at (202) 708-4170.
`.
`
`If you have any questions concerning this investigation,.pJease contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
`
`/
`
`Sincerely,
`
`Lisa R. Barton
`Secretary
`
`Enclosure:
`1. Notice of Investigation
`
`13
`
`

`
`/
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`~July 10, 2015
`
`Intellectual Property Rights Branch
`Regulations and Rulings
`Office of International Trade
`U.S. Customs and Border Protection
`90 K Street, NE, 10th Floor
`Washington, DC 20229-1177
`
`Re:
`
`Certain Toner Supply Containers and Components Thereof
`Inv. No. 337-TA-960
`
`Dear SirlMadam:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Sally Bromley, Case Manager to the Hon. David P. Shaw
`at (202) 708-4170.
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
`
`Sincerely,
`
`Lisa R. Barton
`Secretary
`
`Enclosure:
`1. Notice of Investigation
`
`14
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`~ July 10,2015
`
`Elizabeth Kraus, Deputy Director
`International Antitrust, Office of International Affairs
`Federal Trade Commission
`600 Pennsylvania Avenue, Room 498
`Washington, DC 20580
`
`Re:
`
`. Certain Toner Supply Containers and Components Thereof
`Inv. No. 337-TA-960
`
`Dear Ms. Kraus:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A copy of the Notice ofInvestigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Sally Bromley, Case Manager to the Him. David P. Shaw
`at (202) 708-4170.
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
`
`Sincerely,
`
`Lisa R. Barton
`Secretary .
`
`Enclosure:
`I. Notice of Investigation
`
`15
`
`

`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`WASHINGTON, DC 20436
`
`~July 10, 2015
`
`Dale D. Berkley, Ph.D., J.D.
`Office of General Counsel, PHD, NIH Branch
`National Institutes of Health
`31 Center Drive
`Bldg. 31, Rm. 47
`Bethesda, MD 20892
`
`Re:
`
`Certain Toner Supply Containers and Components Thereof
`lov. No. 337-TA-960
`
`Dear Dr. Berkley:
`
`This letter is to advise you that the United States International Trade Commission has
`instituted an investigation pursuant to Section 337 of the Tariff Act of 1930 (19 U.S.C.
`1337). A copy of the Notice of Investigation is enclosed. Non-confidential copies of the
`Complaint and any supplements filed in the investigation will be provided upon request.
`Requests should be directed to Sally Bromley, Case Manager to the Hon. David P. Shaw
`at (202) 708-4170.
`.
`
`If you have any questions concerning this investigation, please contact the Commission
`Investigative Attorney whose name and telephone number appear in the enclosed Notice.
`
`Sincerely,
`
`Lisa R. Barton
`Secretary
`
`Enclosure:
`1. Notice ofInvestigation
`
`16