Canon's motion

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UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, D.C. Before the Honorable David P. Shaw Administrative Law Judge

In the Matter of CERTAIN TONER CARTRIDGES AND COMPONENTS THEREOF

Investigation No. 337-TA-918

CANON’S MOTION FOR PARTIAL TERMINATION OF THE INVESTIGATION WITH RESPECT TO U.S. PATENT NOS. 8,369,744, 8,565,640, 8,676,085, AND 8,135,304 Pursuant to 19 C.F.R. § 210.21(a), Complainants Canon Inc., Canon U.S.A., Inc., and Canon Virginia, Inc. (collectively, “Canon”) hereby move for partial termination of the investigation with respect to four of the nine patents that Canon asserted in its complaint. Specifically, Canon seeks to partially terminate the investigation with respect to claim 1 of U.S. Patent No. 8,369,744 (the “’744 patent”), claim 1 of U.S. Patent No. 8,565,640 (the “’640 patent”), claims 1-4 of U.S. Patent No. 8,676,085 (the “’085 patent”), and claim 1 of U.S. Patent No. 8,135,304 (the “’304 patent”) based on Canon’s withdrawal of its allegations relating to these claims, which include all of the asserted claims of these four patents. Ground Rule 6.a requires complainants asserting more than four patents or thirty-two claims to file biweekly declarations detailing their efforts to reduce the number of asserted patents and claims. In its complaint, Canon asserted nine patents (from six patent families) and thirty-two claims, with those nine patents having ten inventors between them. If Canon’s motion is granted, five patents (from three patent families) and twenty-five asserted claims will remain at issue in the investigation, with the remaining asserted patents having only four named inventors between them. Terminating the investigation with respect to the asserted claims of the


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