EPSON CONTINUES ENFORCEMENT OF ITS INK CARTRIDGE PATENTS

[Anonymous]

http://www.epson.co.jp/e/newsroom/2009/news_20090120.htm
U.S. Court of Appeals Affirms ITC General Exclusion Order That Prohibits Imports of Infringing Ink Cartridges
Epson Continues Enforcement of Its Ink Cartridge Patents –
On
January 13 2009 ,the U.S. Court of Appeals for the Federal Circuit in
Washington D.C. affirmed the Final Determination and General Exclusion
Order of the U.S. International Trade Commission (“ITC”). A General
Exclusion Order that bars imports of infringing new and refilled
cartridges was entered by the ITC in October 2007, after an ITC trial
established widespread infringement of Epson’s cartridge patents by
many foreign manufacturers, importers and U.S. distributors. The
unsuccessful Appeal was filed by Ninestar Technologies Co, Ltd.of
China, Ninestar’s U.S. subsidiaries and Dataproducts USA LLC (a
division of Clover Technologies Group).

Epson will vigorously
proceed with enforcement of its patents now that the validity and
enforceability of its patents have again been ratified. A second ITC
trial was conducted on Jan.14-16, 2009 in Washington D.C. to determine
any financial penalties that may be assessed against Ninestar, Mipo
America,Ltd. and Cana-Pacific Ribbons Inc. and their affiliates for
alleged violations of the General Exclusion Order. The ITC has not yet
determined any violations, but has the authority to assess substantial
penalties up to $100,000 per day of violations or twice the commercial
value of infringing imports.

In addition to the ITC actions,
Epson filed U.S. District Court lawsuits in Portland, Ore., for patent
infringement damages against the same 24 companies named in the ITC
action and numerous additional distributors and retailers alleged to
have continued infringements after the ITC Final Determination. The
District Court cases were stayed pending the ITC Determination and
Appeal, but will now proceed against those defendants that have not
settled. Recently, Epson settled two of these lawsuits filed against
major internet retailers: Media Street Inc. dba mediastreet.com and
Comptree Inc. dba meritline.com.

Epson maintains a Web site
(http://www.itc.epson.com) that provides U.S. importers, distributors
and retailers with timely information about the ITC action and related
U.S. District Court lawsuits. The U.S. Court of Appeals Judgment, ITC
Exclusion Orders, ITC Seizure and Forfeiture Orders, ITC Enforcement
Complaints, and U.S. District Court complaints referenced in this press
release are all posted on the Web site with other useful information
including a summary of the legal requirements for refilled cartridges.

These
ITC actions and U.S. District Court lawsuits were all brought by Epson
Portland Inc., Epson America Inc. and Seiko Epson Corp. as part of
Epson’s worldwide efforts to protect Epson’s intellectual property
rights and its substantial investments in R & D to produce high
quality, innovative printers and ink cartridges. Although most U.S.
importers and distributors have now undertaken commendable efforts to
avoid infringing Epson’s cartridge patents, Epson will continue taking
the necessary actions to protect the company and legitimate competitors
from ongoing infringements and unfair competition.

[Author]

January 26, 2009 at 11:07 AM