ITC Bans Shady Ink Cartridges in Epic Patent Smackdown
Published Date: 8/18/2026
Notice
Summary
Notice is hereby given that the U.S. International Trade Commission has determined to find a violation under section 337 of the Tariff Act of 1930, as amended, and to issue a general exclusion order ("GEO") prohibiting the importation of products that infringe claims 1 and 7 of each of the following patents: U.S. Patent Nos. 8,764,172 ("the '172 patent"); 9,370,934 ("the '934 patent"); 11,535,038 ("the '038 patent"); 12,240,248 ("the '248 patent"); and 12,240,249 ("the '249 patent"); and cease and desist orders ("CDOs") against respondents Mountain Peak, Inc. and Straightouttaink, LP. The investigation is terminated.
Analyzed Economic Effects
3 provisions identified: 0 benefits, 3 costs, 0 mixed.
Cease-and-Desist Orders for Two Importers
The Commission issued cease-and-desist orders (CDOs) against Mountain Peak, Inc. (Industry, CA) and Straightouttaink, LP (San Jose, CA) for importing products found to infringe the listed patents. The investigation as to these matters was terminated following the Commission's August 13, 2026 determination.
Import Ban on Certain Ink Cartridges
The U.S. International Trade Commission issued a general exclusion order (GEO) prohibiting importation of products that infringe claims 1 and 7 of U.S. Patent Nos. 8,764,172; 9,370,934; 11,535,038; 12,240,248; and 12,240,249. The Commission affirmed this remedy in its vote on August 13, 2026, and the investigation into these products is terminated.
100% Bond Required During Presidential Review
The Commission ordered a bond equal to 100% of the entered value of covered products during the period of Presidential review, per 19 U.S.C. 1337(j). Importers seeking to bring covered products into the U.S. during that review period must post this bond amount.
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