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New Import Restrictions in Patent Infringing Toner Cartridges

Friday, July 05, 2013
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has determined that the importation, sale for importation and sale within the U.S. after importation of certain toner cartridges and components thereof are infringing patents owned by Canon. The ITC has therefore issued a general exclusion order prohibiting the unlicensed entry of toner cartridges and components thereof that infringe one or more of the specified patent claims. The ITC has also issued cease and desist orders requiring 16 foreign and domestic defaulting respondents to cease actions that violate Section 337, including selling infringing imported articles out of U.S. inventory. Finally, the ITC has determined that the bond amount for temporary imports of infringing goods during the 60-day period the president has to review the ITC’s remedies will be 100% of the entered value.

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