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 user 2005-08-12 at 11:03:00 am Views: 31
  • #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


    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.