{"id":42429,"date":"2020-11-25T12:33:56","date_gmt":"2020-11-25T20:33:56","guid":{"rendered":"https:\/\/www.enxmag.com\/twii\/?p=42429"},"modified":"2020-11-25T12:37:18","modified_gmt":"2020-11-25T20:37:18","slug":"itc-issues-brother-international-corporations-first-ever-general-exclusion-order","status":"publish","type":"post","link":"http:\/\/www.enxmag.com\/twii\/feature-articles\/2020\/11\/itc-issues-brother-international-corporations-first-ever-general-exclusion-order\/","title":{"rendered":"ITC Issues Brother International Corporation\u2019s First-Ever General Exclusion Order"},"content":{"rendered":"\n
\"\"<\/figure><\/div>\n\n\n\n

On Nov. 23, the U.S. International Trade Commission (ITC) issued a final determination, a general exclusion order, and 20 cease-and-desist orders in Certain Toner Cartridges, Components Thereof, and Systems Containing Same<\/em>, ITC Inv. No. 337-TA-1174.  <\/p>\n\n\n\n

The final determination confirms Administrative Law Judge (\u201cALJ\u201d) Clark S. Cheney\u2019s finding that 30 entities violated Section 337 of the Tariff Act of 1930, as amended (19 C.F.R. \u00a7 1337), based on their importation into the United States, sale for importation, and\/or sale within the United States after importation of toner cartridges and components thereof that infringe certain of Brother\u2019s patents.<\/p>\n\n\n\n

The ITC determined not to review\nALJ Cheney\u2019s findings that Brother\u2019s claims were established by substantial,\nreliable, and probative evidence, including Brother\u2019s claim that an exclusion\norder limited to just the products of the named respondents would likely be\ncircumvented, and that there is a widespread pattern of violation of Section\n337 with regard to the accused toner cartridges.  These findings derived\nfrom a complaint that Brother filed on August 19, 2019, and the investigation\nthat was instituted on September 23, 2019, based on that complaint.<\/p>\n\n\n\n

Brother is pleased that the ITC\nleft ALJ Cheney\u2019s findings intact and issued a general exclusion order and\ncease-and-desist orders.  These orders\nwill become final on January 22, 2021, after a 60-day Presidential review\nperiod. Meanwhile, Brother remains committed to protecting its intellectual\nproperty and investments made in providing its customers with superior and\nreliable toner technology.<\/p>\n\n\n\n

\u201cThe ITC ruling is a great victory for Brother,\u201d said Michael P. Lynch, vice president and general counsel, Brother International Corporation. \u201cWe will continue to protect our intellectual property and provide consumers with the best in technology and performance that they have come to know as Brother Genuine products and supplies.\u201d <\/p>\n\n\n\n

###<\/p>\n\n\n\n

About Brother International Corporation<\/strong>
Brother International Corporation<\/a> has earned its reputation as a premier provider of home office and business products, home appliances for the sewing and crafting enthusiast as well as industrial solutions that revolutionize the way we live and work. Brother International Corporation is a wholly owned subsidiary of Brother Industries Ltd. With worldwide sales exceeding $6 billion, this global manufacturer was started more than 100 years ago. Bridgewater, New Jersey is the corporate headquarters for Brother in the Americas. It has fully integrated sales, marketing services, manufacturing, research and development capabilities located in the U.S. In addition to its headquarters, Brother has facilities in California, Illinois and Tennessee, as well as subsidiaries in Canada, Brazil, Chile, Argentina, Peru and Mexico.
<\/p>\n","protected":false},"excerpt":{"rendered":"

On Nov. 23, the U.S. International Trade Commission (ITC) issued a final determination, a general exclusion order, and 20 cease-and-desist orders in Certain Toner Cartridges, Components Thereof, and Systems Containing Same, ITC Inv. No. 337-TA-1174.  The final determination confirms Administrative Law Judge (\u201cALJ\u201d) Clark S. Cheney\u2019s finding that 30 entities violated Section 337 of the Tariff Act of 1930, as amended (19 C.F.R. \u00a7 1337), based on their importation into the United States, sale for importation, and\/or sale within the United States after importation of toner cartridges and components thereof that infringe certain of Brother\u2019s patents. The ITC determined not to review ALJ Cheney\u2019s findings that Brother\u2019s claims were established by substantial, reliable, and probative evidence, including Brother\u2019s claim that an exclusion order limited to just the products of the named respondents would likely be circumvented, and that there is a widespread pattern of violation of Section 337 with regard to the accused toner cartridges.  These findings derived from a complaint that Brother filed on August 19, 2019, and the investigation that was instituted on September 23, 2019, based on that complaint. Brother is pleased that the ITC left ALJ Cheney\u2019s findings intact and issued a general exclusion order and cease-and-desist orders.  These orders will become final on January 22, 2021, after a 60-day Presidential review period. Meanwhile, Brother remains committed to protecting its intellectual property and investments made in providing its customers with superior and reliable toner technology. \u201cThe ITC ruling is a great victory for Brother,\u201d said Michael P. Lynch, vice president and general counsel, Brother International Corporation. \u201cWe will continue to protect our intellectual property and provide consumers with the best in technology and performance that they have come to know as Brother Genuine products and supplies.\u201d ### About Brother International CorporationBrother International Corporation has earned its reputation as a premier provider of home office and business products, home appliances for the sewing and crafting enthusiast as well as industrial solutions that revolutionize the way we live and work. Brother International Corporation is a wholly owned subsidiary of Brother Industries Ltd. With worldwide sales exceeding $6 billion, this global manufacturer was started more than 100 years ago. Bridgewater, New Jersey is the corporate headquarters for Brother in the Americas. It has fully integrated sales, marketing services, manufacturing, research and development capabilities located in the U.S. In addition to its headquarters, Brother has facilities in California, Illinois and Tennessee, as well as subsidiaries in Canada, Brazil, Chile, Argentina, Peru and Mexico.<\/p>\n","protected":false},"author":66,"featured_media":42430,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[1650,82,87,1638],"tags":[3484],"_links":{"self":[{"href":"http:\/\/www.enxmag.com\/twii\/wp-json\/wp\/v2\/posts\/42429"}],"collection":[{"href":"http:\/\/www.enxmag.com\/twii\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.enxmag.com\/twii\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.enxmag.com\/twii\/wp-json\/wp\/v2\/users\/66"}],"replies":[{"embeddable":true,"href":"http:\/\/www.enxmag.com\/twii\/wp-json\/wp\/v2\/comments?post=42429"}],"version-history":[{"count":3,"href":"http:\/\/www.enxmag.com\/twii\/wp-json\/wp\/v2\/posts\/42429\/revisions"}],"predecessor-version":[{"id":42436,"href":"http:\/\/www.enxmag.com\/twii\/wp-json\/wp\/v2\/posts\/42429\/revisions\/42436"}],"wp:featuredmedia":[{"embeddable":true,"href":"http:\/\/www.enxmag.com\/twii\/wp-json\/wp\/v2\/media\/42430"}],"wp:attachment":[{"href":"http:\/\/www.enxmag.com\/twii\/wp-json\/wp\/v2\/media?parent=42429"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.enxmag.com\/twii\/wp-json\/wp\/v2\/categories?post=42429"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.enxmag.com\/twii\/wp-json\/wp\/v2\/tags?post=42429"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}