UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN TONER SUPPLY
`CONTAINERS AND COMPONENTS
`THEREOF
`
`Investigation No. 337-TA-960
`
`CONSENT ORDER
`
`The U.S. International Trade Commission (the "Commission") has instituted the above-
`
`captioned investigation under Section 337 of the Tariff Act of 1930 as amended (19 U.S.c.
`
`§ 1337), based upon the allegations contained in the Complaint filed by Complainants Canon
`
`Inc., Canon U.S.A., Inc., and Canon Virginia, Inc. (collectively, "Canon"), which alleges unfair
`
`acts in 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
`
`Respondents General Plastic Industrial Co., Ltd. ("GPI") and Color Imaging, Inc.
`
`("Color Imaging") (collectively, "Respondents") that infringe one or more of Claims 1,
`
`7-9; 11, 16-18,29, and 38 of U.S. Patent No. 8,909,094 ('''094 Patent") and claims 1,7-
`
`9, and 16 of U.S. Patent No. 9,046,820 ("'820 Patent") (collectively, "Asserted Patents").
`
`Respondents have executed a Consent Order Stipulation in which they agree to the entry
`
`of this Consent Order and to all waivers and other provisions as required by the Commission's
`
`Rules of Practice and Procedure and have filed an Unopposed Motion for Termination of this
`
`Investigation based upon the Proposed Consent Order.
`
`1
`
`
`Washington, D.C.
`
`In the Matter of
`
`CERTAIN TONER SUPPLY
`CONTAINERS AND COMPONENTS
`THEREOF
`
`Investigation No. 337-TA-960
`
`CONSENT ORDER
`
`The U.S. International Trade Commission (the "Commission") has instituted the above-
`
`captioned investigation under Section 337 of the Tariff Act of 1930 as amended (19 U.S.c.
`
`§ 1337), based upon the allegations contained in the Complaint filed by Complainants Canon
`
`Inc., Canon U.S.A., Inc., and Canon Virginia, Inc. (collectively, "Canon"), which alleges unfair
`
`acts in 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
`
`Respondents General Plastic Industrial Co., Ltd. ("GPI") and Color Imaging, Inc.
`
`("Color Imaging") (collectively, "Respondents") that infringe one or more of Claims 1,
`
`7-9; 11, 16-18,29, and 38 of U.S. Patent No. 8,909,094 ('''094 Patent") and claims 1,7-
`
`9, and 16 of U.S. Patent No. 9,046,820 ("'820 Patent") (collectively, "Asserted Patents").
`
`Respondents have executed a Consent Order Stipulation in which they agree to the entry
`
`of this Consent Order and to all waivers and other provisions as required by the Commission's
`
`Rules of Practice and Procedure and have filed an Unopposed Motion for Termination of this
`
`Investigation based upon the Proposed Consent Order.
`
`1
`
`
`
`IT IS HEREBY ORDERED THAT:
`
`1.
`
`"Subject Articles" shall mean the toner supply containers identified in the
`
`Complaint as having come from GPI and/or Color Imaging (see, for example, Sections V and VI
`
`and Exhibits 8-13 of the Complaint, and any other toner supply containers that infringe 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.
`
`2.
`
`Upon entry of this Consent Order, Respondents shall not sell for importation,
`
`import into the United States, or sell or offer for sale in the United States after importation ofthe
`
`Subject Articles, directly or indirectly, and will not aid, abet, encourage, participate in, or induce
`
`importation into the United States, the sale for importation into the United States, or use in the
`
`United States after importation of the Subject Articles, except under consent or license from
`
`Canon.
`
`3.
`
`This Consent Order shall be applicable to and binding upon Respondents
`
`and their officers, directors, agents, servants, employees, and all persons, firms,
`
`corporations, successors, assigns, or other entities acting or purporting to act on any
`
`Respondent's behalf or under the direction or authority of any Respondent.
`
`4.
`
`Respondents shall be precluded from seeking judicial review or otherwise
`
`challenging or contesting the validity ofthe Consent Order.
`
`5.
`
`Respondents shall cooperate with and will not seek to impede by litigation or
`
`other means the Commission's efforts to gather information under Subpart I of the
`
`Commission's Rules of Practice and Procedure, 19 C.F.R. Part 210.
`
`10.
`
`Respondents and their officers, directors, employees, agents and any entity or
`
`individual acting on any Respondent's behalf and with its authority shall not seek to challenge
`
`2
`
`
`
`the validity or enforceability 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 in any administrative orjudicial proceeding to
`
`enforce the Consent Order.
`
`11.
`
`Upon expiration of an Asserted Patent, this Consent Order shall become null and
`
`void as to that Asserted Patent.
`
`12.
`
`If any claim of any Asserted Patent is found or adjudicated invalid or
`
`unenforceable by the Commission or a court or agency of competent jurisdiction, in a final
`
`decision, no longer subject to appeal, this Consent Order shall become null and void as to any
`
`such invalid or unenforceable claim.
`
`13.
`
`This Investigation is hereby terminated as to GPI and Color Imaging;
`
`provided, however, that enforcement, modification, or revocation ofthis Consent Order shall be
`
`carried out pursuant to Subpart I of the Commission's Rules of Practice and Procedure, 19 C.F.R.
`
`Part 210.
`
`By order of the Commission.
`
`Issued: September 2, 2015
`
`Lisa Barton
`Secretary to the Commission
`
`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 COMMISSION ORDER has been
`served by hand upon the Office of Unfair Import Investigations and the following parties as
`indicated, on September 2, 2015.
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`On Behalf of Complainants Canon Inc., Canon U.S.A., Inc.,
`and Canon Virginia, Inc.:
`
`Edmund J. Haughey, Esq.
`FITZP ATRICK, CELLA, HARPER & SCINTO
`975 F Street, NW
`Washington, DC 20004-1010
`
`On Behalf of Respondents General Plastic Industrial Co., Ltd.
`and Color Imaging, Inc.:
`
`Bryan G. Harrison, Esq.
`LOCKE LORD LLP
`Terminus 200, Suite 1200
`3333 Piedmont Rd NE
`Atlanta, GA 30305
`
`o Via Hand Delivery
`o Via Express Delivery
`IZI Via First Class Mail
`o Other: - - - - - -
`
`o Via Hand Delivery
`o Via Express Delivery
`IZI Via First Class Mail
`o Other: - - - - - -
`
`4
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