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Import Restrictions Considered on Patent-Infringing Toner Cartridges

Tuesday, April 23, 2013
By Shawn McCausland
Sandler, Travis & Rosenberg Trade Report

The International Trade Commissions has upheld a determination that patents owned by Canon concerning certain toner cartridges and components thereof are being violated by 11 respondents previously found to be in default. The presiding administrative law judge has recommended the issuance of a general exclusion order and cease and desist orders against these respondents as well as the imposition of a bond of 100% of entered value during the 60-day presidential review period. The ITC is therefore requesting comments no later than May 1 on the form of remedy, if any, that should be issued; the effects of any such remedy on the public health and welfare, competitive conditions in the U.S. economy, U.S. production of articles that are like or directly competitive with those that are subject to investigation, and U.S. consumers; and the amount of the bond under which infringing articles may be entered into the U.S. during the 60-day period in which the president has to approve or disapprove of any ITC-ordered remedy.

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