-based on an article by Ben James, www.law360.com, 01/24/12
And from www.rfcexpress.com
Canon corporate office in Tokyo filed a complaint to the International Trade Commission (ITC), and a federal law suit in the New York Southern District Court over two patents, on Tuesday, January 24, 2012. Canon is accusing a number of companies for violating U.S. trade law by importing and selling parts and toner cartridges that are infringing on two of its patents.
Back in 2010, Canon filed the same lawsuit with the ITC and the federal court over the same two patents. The case which sued twenty companies including Ninestar Image International Ltd., and Zhuhai Seine Technology Co. Ltd., later settled in July 2011.
Canon has requested the ITC to launch a 337 investigation, that will bar the importation and selling of products in the U.S. that are allegedly infringing on its patents.
The business of selling after market infringing products is wide-spread and growing in the U.S., where it is estimated that there are more than 10,000 re-manufacturers worldwide. These companies are very good at trying to stay unidentifiable by refusing to reveal the sources of their products and by operating under more than one business name, in order to evade importation restrictions. Also, venues like eBay or Amazon make their products readily available to the consumer.
The ITC asked for public input, and from the parties for any interest in the case. The public is given eight days after its publication on Tuesday to see whether an exclusion order or cease-and-desist order would impact the consumers and the competitive conditions in the U.S. market.
Canon is represented by Nicholas M. Cannella, Anna Y. Huang, Edmund J. Haughey III, Michael A. Fuerch, Michael P. Sandonato, Stephen E. Belisle, Seth E. Boeshore of Fitzpatrick Cella Harper & Scinto
The defendants are Clover Holdings, Inc., Clover Technologies Group, LLC, Clover Vietnam Co., Ltd., Data Products Imaging Solutions S.A. De C.V., Data Products USA, LLC, Cau, Inc.
The patents subject to the case are U.S. Patent Numbers 5,903,803 and 6,128,454.
The ITC case number is 2872, and the New York Southern District Court case number is 1:12-cv-00567-UA.
