Mexican company to be removed from the complaint due to both the OEM and Commission’s inability to serve notice.
Documents from the ITC (EDIS log-in required) have revealed that Nukote Internacional de Mexico (Nukote Mexico) will be removed from Canon’s toner cartridge gears patent infringement complaint, which was launched in January 2012 against 32 aftermarket companies including Clover.
The Mexican company’s withdrawal comes as both “Canon and the [International Trade] Commission have been unable to serve Nukote Mexico with the Complaint and Notice of Investigation, and Canon’s private process server has informed Canon that there is no entity by the name of Nukote Mexico at Nukote Mexico’s last-known address”.
The termination is stated as being in “the interest of the public and administrative economy, as both public and private resources will be conserved by avoiding the additional burden”.
US-based affiliate Nukote, Inc. has been successfully served , and will be subject to any exclusion order issued in the investigation.
Actionable Intelligence has also speculated that Canon and Clover have signalled to an October settlement, following a joint motion in August 2012 to extend a response deadline to work on a settlement agreement.