First published: April 2, 2018
Revised: April 12, 2018 (after ALJ Lord Issued Order #3 on April 5, 2018 setting the timeline)
The "Non-Dongling" Dongle Gear Investigation
The investigation the U.S. International Trade Commission voted to accept, was formally instituted under investigation number 337-TA-1106 and will be conducted at a rapid pace. The timeline has been set to a similar schedule as the 2014 '918 dongle gear investigation, with a 16 month timeline and a target completion date of July 29, 2019.
Administrative Law Judge, Sandra (Dee) Lord, issued the order setting the target date for the Commission's final determination on April 5, 2018, just 7 days after the March 29, 2018 institution date.
There are 49 named respondents in the Canon toner litigation complaint and, depending on whether they are a domestic or foreign registered entity dictates their individual response filing deadlines. For a list of the 49 named respondents and the ITC filing response deadlines please click the link.
There are nine patents asserted in the complaint containing a total of 193 claims, of which 28 are "independent" claims. There are nine different versions of the aftermarket dongle gear used in generic printer cartridges that are collectively accused of infringing between 11 and 16 of the 28 independent claims contained in the nine patents. Please click this link for a summary chart of the patents and the independent claims as they are asserted against the nine different aftermarket gear designs.
So long as each of the named respondents in the ITC investigation file the necessary motion with the respective district courts (within 30 days of the March 29th 2018 institution date of the ITC proceeding) the 36 district court patent infringement complaints filed as part of the overall Canon litigation strategy will be stayed (placed on temporary hold) while the ITC investigation takes place.
THE TIMELINE FOR THE 337-TA-1106 DONGLE GEAR PATENT DISPUTE INVESTIGATION