US International Trade Commission bans infringing ink cartridge imports

The U.S. International Trade Commission has determined that imports of certain ink cartridges and components thereof violate Section 337 and ordered a general exclusion order barring their entry into the United States, together with cease-and-desist orders against two California-based respondents. The determination, adopted by Commission vote on September 23, 2026, was published in the Federal Register of September 29, 2026 (Vol. 91, No. 187, p. 61436) under Investigation No. 337–TA–1451, official document 2026–19847.

The case rests on Section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), which bars unfair methods of competition in import trade, including patent infringement. The Commission instituted the investigation on June 17, 2025 (90 FR 25643–44) on a complaint filed on behalf of Epson Portland Inc. of Hillsboro, Oregon, Epson America, Inc. of Los Alamitos, California, and Seiko Epson Corporation of Nagano, Japan. The complaint alleged infringement of five U.S. patents covering ink cartridges and their components.

The patents at issue

• U.S. Patent No. 8,540,347 (the ‘347 patent)
• U.S. Patent No. 9,061,508 (the ‘508 patent)
• U.S. Patent No. 11,535,037 (the ‘037 patent)
• U.S. Patent No. 11,820,150 (the ‘150 patent)
• U.S. Patent No. 12,246,539 (the ‘539 patent)

The respondents

The notice names as respondents Mountain Peak, Inc., doing business as Billiontree Technology USA, Inc. and TonerKingdom, of City of Industry, California, and Straightouttaink, LP, doing business as discountinkllc and einkshop2014, of San Jose, California. Both were found in default, along with Tatrix, Zhenyang Elec., Hengyunda Elec., Rongtaida Elec., Shi Wei Tai Elec., Yixing Elec., Mei Jin Tech., Dongguan Ocbestjet, Ocbestjet HK, Luozhi Trading, Kaizhen Tech., MeiJiAn Trading, Shuofeng E-commerce and Bowang Tech. Four other respondents — Shenzhen Hongxinyuan E-Commerce, Shangrao Shixuan E-Commerce, Shen Zhen 2 Sailing Technology and Qiong Wang — were terminated from the investigation by withdrawal of the complaint (Order No. 12, December 16, 2025).

From summary motion to final remedy

• February 3, 2026: complainants move for summary determination of violation by the defaulting respondents.
• February 13, 2026: the Office of Unfair Import Investigations files in support of the motion.
• May 15, 2026: the presiding administrative law judge grants the motion (Order No. 16), including a recommended determination on remedy and bonding.
• May 18, 2026: the Commission requests public-interest submissions (91 FR 29982–83).
• July 1, 2026: the Commission reviews the initial determination on indirect infringement and the domestic industry requirement (91 FR 41659–60); parties file opening submissions on July 15 and replies on July 22–23.
• September 23, 2026: the Commission affirms the violation finding with supplemental findings and modified reasoning.

Remedy, bond and review

The Commission determined that the appropriate remedy is a general exclusion order and cease-and-desist orders directed at Mountain Peak and Straightouttaink, and that the public-interest factors of 19 U.S.C. 1337(d)(1), (f)(1) and (g)(1) do not preclude their issuance. A bond of 100 percent of the entered value of the covered products applies during the period of Presidential review under 19 U.S.C. 1337(j). The notice’s caption refers to a limited exclusion order, while the summary and the determination describe a general exclusion order. The investigation is terminated.

The orders reach beyond the two named respondents: a general exclusion order blocks infringing cartridges from any source, tightening the US market for third-party aftermarket cartridges compatible with Epson printers. The action was taken under section 337 of the Tariff Act of 1930 and Part 210 of the Commission’s Rules of Practice and Procedure (19 CFR part 210); inquiries are directed to Edward S. Jou, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW, Washington, D.C. 20436.

Source: Federal Register, Vol. 91, No. 187, September 29, 2026, Notices, p. 61436 (official reference: 2026–19847).