Xerox Requests Import Investigation Involving Hana and Inksticks.com
On August 2, 2005, Xerox filed a "Section 337" unfair import complaint at the U.S. International Trade Commission. The complaint requests that an unfair import investigation be instituted involving "Ink Sticks for Solid Ink Printers." The proposed respondents are HANA Corporation, Seoul, Korea and INKSTICKS.COM, Inc., Cheyenne, Wyoming.
The complaint has been designated as confidential and assigned Docket No. 337-2441 for indexing in the Commission's database. However, such complaints typically include allegations of infringement of a U.S. patent and request that the infringing goods be excluded from entry into the U.S. market.
The Commission now has 30-35 days from the filing date of the complaint in which to decide whether to institute the investigation. Upon institution, the proposed respondent will be served with the Complaint via postal mail and an Administrative Law Judge will schedule discovery, conduct a trial, and issue a written "Initial Determination," usually within about 10 months. Due to the expedited nature of these proceedings, and availability of general exclusion orders affecting non-parties, it is important to notify any potential importers of similar products as soon as possible.
Click here for more information on the importance of monitoring these ITC investigations and click here for a free audio-visual Internet presentation on "Unfair Import Investigations at the U.S. International Trade Commission." Click here for "A Beginner's Guide to Import Exclusion in the US" and click here for "Answers to Frequently Asked Questions" about Section 337 Investigations.
As a former Staff Attorney with the Office of Unfair Import Investigations at the U.S. International Trade Commission, I have worked on numerous Section 337 investigations. I am also supported at my firm by a dedicated and experienced patent litigation group. Please feel free to contact us if we can provide you with any additional information about this, or any other investigation. I would also be pleased to deliver these presentations to you, your client, and/or your colleagues in person if they should decide to retain our services.
The complaint has been designated as confidential and assigned Docket No. 337-2441 for indexing in the Commission's database. However, such complaints typically include allegations of infringement of a U.S. patent and request that the infringing goods be excluded from entry into the U.S. market.
The Commission now has 30-35 days from the filing date of the complaint in which to decide whether to institute the investigation. Upon institution, the proposed respondent will be served with the Complaint via postal mail and an Administrative Law Judge will schedule discovery, conduct a trial, and issue a written "Initial Determination," usually within about 10 months. Due to the expedited nature of these proceedings, and availability of general exclusion orders affecting non-parties, it is important to notify any potential importers of similar products as soon as possible.
Click here for more information on the importance of monitoring these ITC investigations and click here for a free audio-visual Internet presentation on "Unfair Import Investigations at the U.S. International Trade Commission." Click here for "A Beginner's Guide to Import Exclusion in the US" and click here for "Answers to Frequently Asked Questions" about Section 337 Investigations.
As a former Staff Attorney with the Office of Unfair Import Investigations at the U.S. International Trade Commission, I have worked on numerous Section 337 investigations. I am also supported at my firm by a dedicated and experienced patent litigation group. Please feel free to contact us if we can provide you with any additional information about this, or any other investigation. I would also be pleased to deliver these presentations to you, your client, and/or your colleagues in person if they should decide to retain our services.
1 Comments:
Bill,
Any thoughts on why someone whould want to postpone prosecution for three years given the 14-30 month backlog at the USPTO?
Thanks,
Todd
ipcounsel.blogspot.com
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