On February, 8, 2012, Ninestar Technology Co., Ltd appeals its case at the US Court of Appeals against the International Trade Commission and Epson for failure to comply with exclusion and cease and desist orders arising from violation of Section 337 of the Tarriff Act, 19 U.S. C. 1337.

The appeal follows after Espon filed a patent infringement lawsuit against Ninestar and several other companies for selling ink cartridges in the US, that are manufactured in China, allegedly infringing on US patents owned by Epson. Ninestar is currently under order to cease and desist from conducting any of the following activities in the US, i.e. importing, selling, marketing, advertising, distributing, offering for sale, transferring (except for exportation), and soliciting U.S. agents or distributors for ink cartridges covered by Epson’s patents.  '

EDWARD F. O'CONNOR, The Eclipse Group, LLP, of Irvine, California, for appellants. With him on the brief was STEPHEN M. LOBBIN.

WAYNE W. HERRINGTON, Assistant General Counsel, Office of the General Counsel, United States International Trade Commission, of Washington, DC, for appellee. With him on the brief were JAMES M. LYONS, General Counsel, and MICHAEL K. HALDENSTEIN, Attorney. Of counsel was ANDREA C. CASSON, United States International Trade Commission, of Washington, DC.

HAROLD A. BARZA, Quinn Emanuel Urquhart Oliver, of Los Angeles, California, for intervenors. With him on the brief were TIGRAN GULEDJIAN and VALERIE RODDY; and SANFORD I. WEISBURST, of New York, New York. Of counsel on the brief were LOUIS S. MASTRIANI and MICHAEL L. DOANE, Adduci, Mastriani & Schaumberg, LLP, of Washington, DC. before NEWMAN, SCHALL, and LINN, Circuit Judges.