NASHUA’S OPINION IN RICOH TONER LAWSUIT

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NASHUA’S OPINION IN RICOH TONER LAWSUIT

 user 2005-08-12 at 11:03:00 am Views: 39
  • #12829


    Nashua Corporation Announces Opinion and Order in Ricoh Toner Litigation


    NASHUA, N.H., Aug. — Nashua Corporation


    , a manufacturer and marketer of labels, thermal specialty papers


    and imaging products, today announced that on August 2, 2005, the United


    States District Court for the District of New Jersey issued an opinion and


    order in a patent infringement lawsuit filed by Ricoh Company Ltd. et al.


    against Nashua Corporation, Katun Corporation, and General Plastics Industrial


    Co. The Court issued summary judgment that one of six Ricoh patents relating


    to toner bottles for use in photocopy machines (U.S. Patent No. 6,075,963) was


    not invalid as anticipated by certain prior art and was infringed by Nashua


    Corporation (“Nashua”). In addition, the Court interpreted disputed terms of


    the six patents involved in the lawsuit.


    On May 30, 2003 Ricoh Company, Ltd. and affiliated companies filed a


    complaint against several defendants, including the largest customer of


    Nashua’s Imaging Supplies segment, Katun Corporation, and General Plastics


    Industrial Co., a supplier to the Imaging Supplies segment. The complaint


    alleged multiple counts of patent infringement, trademark infringement and


    unfair competition by the defendants. On October 17, 2003, Ricoh amended the


    complaint and added Nashua as an additional co-defendant in the suit. The


    allegations arose from the sale and distribution of Ricoh compatible toner


    products. In the lawsuit, Ricoh seeks, among other things, damages as a


    result of alleged patent infringement, increased damages for willful


    infringement, attorney’s fees, and injunctive relief. On April 12, 2005, the


    District Court granted the defendants’ summary judgment motion dismissing the


    counts related to trademark infringement and unfair competition.


    Nashua believes that it is entitled to indemnification from Katun for


    monies owed as a result of any judgment rendered against Nashua in this


    litigation, including for damages, costs, attorney’s fees and interest, as


    well as for monies paid to Ricoh in settlement of the Ricoh litigation,


    provided that Katun has consented to the settlement. Nashua and Katun are


    each responsible for their own attorney’s fees in connection with the


    litigation.


    Nashua previously announced that on April 1, 2005 it committed to a plan


    to exit the toner and developer business, which is included in its Imaging


    Supplies segment, by March 31, 2006.


    Andy Albert, Chairman, President and Chief Executive Officer said: “We


    are currently reviewing the Court’s opinion and evaluating its legal and


    business impact.”


    About Nashua


    Nashua Corporation manufactures and markets a wide variety of specialty


    imaging products and services to industrial and commercial customers to meet


    various print application needs. The Company’s products include thermal


    coated papers, pressure-sensitive labels, colored copier papers, bond, point


    of sale, ATM and wide format papers, entertainment tickets, as well as toners,


    developers, and ribbons for use in imaging devices.