Notice2026-19847
Certain Ink Cartridges and Components Thereof I; Notice of a Commission Determination Finding a Violation of Section 337; Issuance of a Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation
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Published
September 29, 2026
Issuing agencies
International Trade Commission
Abstract
Notice is hereby given that the U.S. International Trade Commission ("Commission") has determined to affirm, with supplemental findings and modified reasoning, an initial determination ("ID") (Order No. 16) of the presiding administrative law judge ("ALJ") granting a motion for summary determination of violation. The Commission has determined to issue a general exclusion order ("GEO") prohibiting the importation of certain ink cartridges and components thereof that infringe certain claims of U.S. Patent No. 8,540,347 ("the '347 patent"), U.S. Patent No. 9,061,508 ("the '508 patent"), U.S. Patent No. 11,535,037 ("the '037 patent"), U.S. Patent No. 11,820,150 ("the '150 patent"), and U.S. Patent No. 12,246,539 ("the '539 patent"); and cease and desist orders ("CDOs") against respondents Mountain Peak, Inc. and Straightouttaink, LP. The investigation is terminated.
Full Text
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<title>Federal Register, Volume 91 Issue 187 (Tuesday, September 29, 2026)</title>
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[Federal Register Volume 91, Number 187 (Tuesday, September 29, 2026)]
[Notices]
[Pages 61436-61437]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19847]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1451]
Certain Ink Cartridges and Components Thereof I; Notice of a
Commission Determination Finding a Violation of Section 337; Issuance
of a Limited Exclusion Order and Cease and Desist Orders; Termination
of the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``Commission'') has determined to affirm, with supplemental
findings and modified reasoning, an initial determination (``ID'')
(Order No. 16) of the presiding administrative law judge (``ALJ'')
granting a motion for summary determination of violation. The
Commission has determined to issue a general exclusion order (``GEO'')
prohibiting the importation of certain ink cartridges and components
thereof that infringe certain claims of U.S. Patent No. 8,540,347
(``the '347 patent''), U.S. Patent No. 9,061,508 (``the '508 patent''),
U.S. Patent No. 11,535,037 (``the '037 patent''), U.S. Patent No.
11,820,150 (``the '150 patent''), and U.S. Patent No. 12,246,539 (``the
'539 patent''); and cease and desist orders (``CDOs'') against
respondents Mountain Peak, Inc. and Straightouttaink, LP. The
investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Edward S. Jou, Esq., Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, D.C. 20436, telephone (202) 205-3316. Copies of non-
confidential documents filed in connection with this investigation may
be viewed on the Commission's electronic docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>. For help accessing EDIS, please email
<a href="/cdn-cgi/l/email-protection#2366676a70106b464f536356504a57400d444c55"><span class="__cf_email__" data-cfemail="befbfaf7ed8df6dbd2cefecbcdd7cadd90d9d1c8">[email protected]</span></a>. General information concerning the Commission may
also be obtained by accessing its internet server at <a href="https://www.usitc.gov">https://www.usitc.gov</a>. Hearing-impaired persons are advised that information on
this matter can be obtained by contacting the Commission's TDD terminal
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on June 17, 2025, based upon a complaint filed on behalf of Epson
Portland Inc. of Hillsboro, Oregon, Epson America, Inc. of Los
Alamitos, California, and Seiko Epson Corporation
[[Page 61437]]
of Nagano, Japan (collectively, ``Complainants''). 90 FR 25643-44 (June
17, 2025). The complaint, as supplemented, alleges violations of
section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337
(``section 337''), based upon the importation into the United States,
the sale for importation, and the sale within the United States after
importation of certain ink cartridges and components thereof by reason
of the infringement of certain claims of U.S. Patent No. 8,540,347
(``the '347 patent''), U.S. Patent No. 9,061,508 (``the '508 patent''),
U.S. Patent No. 11,535,037 (``the '037 patent''), U.S. Patent No.
11,820,150 (``the '150 patent''), and U.S. Patent No. 12,246,539 (``the
'539 patent''). Id. at 25643. The complaint, as supplemented, further
alleges that an industry in the United States exists as required by
subsection (a)(2) of section 337. Id.
The Commission's notice of investigation named as respondents:
Dongguan Ocbestjet Digital Technology Co., Ltd. d/b/a Ocbestjet of
Guangdong, China (``Dongguan Ocbestjet''); Ocbestjet Printer
Consumables (HK) Co., Ltd., d/b/a Ocbestjet of Hong Kong (``Ocbestjet
HK''); Tatrix International China Co., Ltd. of Guangdong, China
(``Tatrix''); Luozhi Trading Co., Ltd. of Guangdong, China (``Luozhi
Trading''); Shenzhen Hongxinyuan E-Commerce Co., Ltd., d/b/a Jianjai,
d/b/a Vi-US of Guangdong, China; Shenzhen Kaizhen Technology Co., Ltd.,
d/b/a PayForLess of Guangdong, China (``Kaizhen Tech.''); Zhuhai
Zhenyang Electronics Co., Ltd., d/b/a Oinkwere of Guangdong, China
(``Zhenyang Elec.''); Shangrao Shixuan E-Commerce Co., Ltd., d/b/a
Inkgo of Jiangxi, China; Zhuhai Hengyunda Electronics Co., Ltd., d/b/a
Upriin of Guangdong, China (``Hengyunda Elec.''); Zhuhai Rongtaida
Electronics Co., Ltd., d/b/a Hookink of Guangdong, China (``Rongtaida
Elec.''); Zhuhai Shi Wei Tai Electronics Co., Ltd., d/b/a Ondula-A of
Guangdong, China (``Shi Wei Tai Elec.''); Zhuhai Yixing Electronics
Co., Ltd., d/b/a Greenjob USSOP of Guangdong, China (``Yixing Elec.'');
Mei Jin Technology HK Co., Ltd., d/b/a YBFeir, d/b/a MJing of Hong Kong
(``Mei Jin Tech.''); ZhuHai MeiJiAn Trading Co., Ltd., d/b/a HaloFox of
Guangdong, China (``MeiJiAn Trading''); Qiong Wang, d/b/a 7-magic of
Guangdong, China; Shen Zhen Sailing Technology Limited, d/b/a Triple-
Color of Shenzhen, China; Zhuhai Shuofeng E-commerce Co., Ltd., d/b/a
super-ink-club of Guangdong, China (``Shuofeng E-commerce''); Zhuhai
Bowang Technology Co., Ltd., d/b/a office-print-club of Guangdong,
China (``Bowang Tech.''); Mountain Peak, Inc., d/b/a/Billiontree
Technology USA, Inc. (``Mountain Peak''), d/b/a TonerKingdom of City of
Industry, California; and Straightouttaink, LP, d/b/a discountinkllc,
d/b/a einkshop2014 of San Jose, California (``Straightouttaink''). Id.
at 25643-44. The Office of Unfair Import Investigations (``OUII'') is
also a party to this investigation. Id. at 25644.
Respondents Shenzhen Hongxinyuan E-Commerce Co., Ltd., Shangrao
Shixuan E-Commerce Co., Ltd., Shen Zhen 2 Sailing Technology Limited,
and Qiong Wang were terminated from the investigation by withdrawal of
the complaint. Order No. 12 (Dec. 16, 2025), unreviewed by Comm'n
Notice (Jan. 7, 2026).
Respondents Tatrix, Zhenyang Elec., Hengyunda Elec., Rongtaida
Elec., Shi Wei Tai Elec., Yixing Elec., Mei Jin Tech., Mountain Peak,
Straightouttaink, Dongguan Ocbestjet, Ocbestjet HK, Luozhi Trading,
Kaizhen Tech., MeiJiAn Trading, Shuofeng E-commerce, and Bowang Tech.
(the ``Defaulting Respondents'') have been found in default. Order No.
10 (Sept. 30, 2025), unreviewed by Comm'n Notice (Dec. 5, 2025); Order
No. 13 (Dec. 16, 2025), unreviewed by Comm'n Notice (Jan. 8, 2026).
Complainants have withdrawn their allegations as to claims 1, 4,
14, 16-17, and 23 of the '347 patent, claims 1, 3, 9, 12, 14, and 19 of
the '508 patent, claims 9 and 10 of the '037 patent, claims 9-11 and
19-20 of the '150 patent, and claims 2, 9, 11, 18, 20, and 27 of the
'539 patent, and these claims have been terminated from the
investigation. Order No. 14 (Dec. 18, 2025), unreviewed by Comm'n
Notice (Jan. 8, 2026).
On February 3, 2026, Complainants filed a motion for summary
determination of violation by the Defaulting Respondents by reason of
infringement of claims 8, 11, and 20 of the '037 patent, claims 7 and
17 of the '508 patent, claim 1 of the '037 patent, claim 1 of the '150
patent, and claims 1, 10, and 19 of the '539 patent. On February 13,
2026, OUII filed a response in support of Complainants' motion.
On May 15, 2026, the ALJ issued the subject ID (Order No. 16)
granting the motion for summary determination, which included a
recommended determination on remedy and bonding. No petitions for
review of the ID were filed.
On May 18, 2026, the Commission issued a notice of request for
submissions on the public interest. 91 FR 29982-83 (May 21, 2026). The
Commission received public interest statements from Complainants and
from non-party Obelisk Tech Systems, Inc.
On July 1, 2026, the Commission determined to review the ID with
respect to indirect infringement and the domestic industry requirement.
91 FR 41659-60 (July 7, 2026). The Commission solicited briefing from
the parties in response to three questions regarding the domestic
industry requirement. Id. at 41659. The parties filed opening
submissions on July 15, 2026, and reply submissions on July 22 and July
23, 2026.
Having reviewed the record of the investigation, including the ID,
the pleadings, and the parties' submissions, the Commission has
determined to affirm the ID's finding of a violation of section 337
with supplemental findings and modified reasoning as set forth in an
opinion issued herewith. The Commission has determined that the
appropriate remedy is a GEO and CDOs directed to respondents Mountain
Peak and Straightouttaink.
The Commission has further determined that the public interest
factors enumerated in subsections (d)(1), (f)(1), and (g)(1) (19 U.S.C.
1337(d)(1), (f)(1), and (g)(1)) do not preclude issuance of the above
referenced remedial orders. Additionally, the Commission has determined
to impose a bond in the amount of one hundred percent (100%) of the
entered value of the covered products during the period of Presidential
review. 19 U.S.C. 1337(j). The Commission issues its opinion herewith
setting forth its determinations. The investigation is terminated.
The Commission vote for this determination took place on September
23, 2026.
This action is taken under the authority of section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the
Commission's Rules of Practice and Procedure (19 CFR part 210).
By order of the Commission.
Issued: September 23, 2026.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2026-19847 Filed 9-28-26; 8:45 am]
BILLING CODE 7020-02-P
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