HP has reached substantial resolution on the investigation by the United States International Trade Commission (ITC) into the importation and sale of patent-infringing HP 02 inkjet ink cartridges.
The investigation, based on a complaint filed by HP on September 23, 2009, alleged violations of section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of HP 02 compatible inkjet ink supplies that infringed patents asserted by HP.
The ITC investigation identified 11 respondents: Zhuhai Gree Magneto-Electric Co. Ltd. of China; InkPlusToner.com of Canoga Park, California; SmartOne Services LLC d/b/a InkForSale.net of Hayward, California; Comptree Inc. d/b/a Meritline, ABCInk, EZ Label, and CDR DVDR Media of City of Industry, California; Mipo International Ltd. of Hong Kong; Mextec Group Inc. d/b/a Mipo America Ltd. of Miami, Florida.; Shanghai Angel Printer Supplies Co. Ltd. of China; Shenzhen Print Media Co. Ltd. of China; Zhuhai National Resources & Jingjie Imaging Products Co. Ltd. of China; Tatrix International of China; and Ourway Image Co. Ltd. of China.
“HP is pleased with the outcome on these matters, and remains committed to vigorously pursuing legal enforcement against practices that do not respect HP’s IP rights,” said Stephen Nigro, senior vice president, Inkjet and Web Services Business, Imaging and Printing Group, HP.
To date, HP’s ITC complaint has been resolved in the following manner: InkPlusToner.com and Comptree Ink entered into settlement agreements with HP regarding the investigation, agreeing that HP’s patents are valid and infringed and that each company will cease and desist from selling the cartridges in question. These parties also have paid HP an undisclosed sum of money. HP anticipates completion of a settlement with SmartOne Services consistent with the terms above.
The Administrative Law Judge has approved Zhuhai Gree Magneto-Electric’s motion to terminate the investigation as to Zhuhai Gree based on entry of a consent order in which it agrees not to engage in the future importation of the relevant products. And, the Administrative Law Judge has entered default judgment against the remaining seven respondents.