ITC to consider import restrictions for toner cartridges, factory controllers

The International Trade Commission (ITC) will conduct investigations under Section 337 of the Tariff Act of 1930 on whether imports of those goods violate United States intellectual property law.    The International Trade Commission (ITC) will start separate investigations into whether imports of certain toner cartridges and components, and certain devices used to control the operation of machines typically part of factory assembly lines or other industrial applications violate U.S. intellectual property rights (IPR) law, the ITC announced Friday.
   On Jan. 19, Willingboro, N.J.-based Radwell International, Inc., filed a complaint alleging violations of Section 337 of the Tariff Act of 1930, in the importation into the U.S. and sale of certain programmable logic controllers (PLCs) and their components.
   Radwell alleged conspiracies by Milwaukee-based Rockwell Automation to fix resale prices, boycott resellers, and of monopolization, in violation of the Sherman Act.
   Radwell is requesting a limited exclusion order on imports of the PLCs.
   In addition to the PLC imports, the ITC has voted to investigate whether imports of replaceable toner cartridges and their photosensitive drum units are violating U.S. IPR law, the commission said in a separate Friday announcement.
   On Feb. 28, Tokyo-based Canon Inc., and two U.S. subsidiaries named 51 respondents that Canon alleges have violated Section 337 by infringing Canon’s patents.
   Canon is requesting that the ITC issue a general exclusion order or, alternatively, a limited exclusion order on the importation into the U.S. and sale of certain toner cartridges and components thereof, the ITC said.
   The ITC will hold evidentiary hearings for both cases, which have yet to be announced.
   Within 45 days of starting each investigation, the ITC will set a target date for their completion. ITC remedy orders in Section 337 cases are effective upon issuance and become final 60 days later, unless disapproved for policy reasons by the Office of the U.S. Trade Representative within that two-month period.
   Section 337 of the Tariff Act of 1930 declares infringement of a U.S. patent, copyright, registered trademark, or mask work to be unlawful in import trade. The provision also holds as unlawful other unfair methods of competition and unfair acts in the importation and subsequent sale of products in the U.S., the threat or effect of which is to destroy or substantially injure a domestic industry, prevent establishment of such an industry, or restrain or monopolize U.S. trade and commerce.
   If it finds violations under the statute, the ITC may issue orders prohibiting the importation of certain products into the U.S.