On 11 May Member of Congress Anna G. Eshoo of Eighteenth district of California penned a letter to the USITC commenting on the 373-TA-1106 investigation from Canon.
As the date was set to 6 May for “determining whether to review the initial determination (“ID”) (Order No. 40) of the presiding administrative law judge (“ALJ”) granting certain respondents’ respective motions for summary determination of non-infringement”, Member of Congress Anna G. Eshoo sent in a letter making a case for HP and Canon.
The letter reads: “As the international Trade Commission /ITC) considers the above proceeding, I write to express my views that the patents on toner cartridges involved in the proceeding have broader implications on the American economy and our country’s global competitiveness. The ITC plays an important role in supporting our country’s rule of law which acts as a foundation upon which American companies like HP inc. are able to compete and succeed.
“Headquartered in Palo Alto, Califomia, HP laid the foundations for modem Silicon Valley when it was first founded seven decades ago. While not a party to the case, HP relies on licensing agreements with Canon lnc. for use of the concerned patents. These patents are critical for the commercial success of both companies1 and they directly benefit American consumers and businesses.
“For years, HP and Canon have fought against the flood of toner cartridges that infringe intellectual property protections or are “clone” products that are often produced by firms subsidized or owned by foreign governments. While HP and Canon invest significant sums in research and development, many companies freeride on these investments.
“Part of why our nation’s founders explicitly mention patents in our Constitution is the important link between intellectual property protection, investment in innovation, and our country’s competitiveness. As the ITC considers whether to review the initial determination granting Canon’s motions for a summary determination of non-infringement issued by an administrative law judge, l urge you to keep in mind the broader economic implications of toner cartridges patents.”
The decision if a review will take place is set for 6 May.
