The case of whether Ninestar’s remanufactured Epson cartridges are outside of the scope of the GEO from the OEM continues.
The USITC has designated the Office of Unfair Import Investigations (OUII) as an advisory opinion as to whether “certain Ninestar remanufactured inkjet Cartridges are outside the scope of the GEOs and cease-and-desist orders awarded to Epson in the 337-TA-565 and 337-TA-946 investigations”.
The OUII has deployed John K. Shin as OUII’s lead attorney for the process and he will receive all the documents pertaining to the case from October 2015 whereby Epson filed a case for product infringement and the Commission issued a GEO and CDOs to Ninestar in May 2016.
In April this year Ninestar, Ninestar Image Tech. Ltd., and Apex Microtech Ltd. collectively requested for a “consolidated advisory opinion” for both investigations in which they will state that their remanufactured Epson ink cartridges which use empty Epson cartridges collected in the US are outside the GEOs and CDOs scope. Epson have opposed this request before a hearing and so Ninestar responded requesting to file a reply to Epson’s response which was turned down by The Commission.
“The authority for the Commission’s determination is contained in 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 part210).”