EPSON SETTLES WITH INK CTG RETAILERS

[Anonymous]

Epson Settles With Internet Retailer
October 
2007 Epson has entered a settlement agreement in its patent
infringement lawsuit with one of the largest Internet retailers of
aftermarket cartridges for Epson inkjet printers.
The
settlement with E-Babylon Corp. dba 123inkjets.com and 411inkjets.com,
a subsidiary of Valueclick Inc., resulted from a patent infringement
lawsuit filed in June 2007 by Epson Portland Inc., Epson America Inc.,
and Seiko Epson Corp. in the U.S. District Court in Portland, Ore.,
against four resellers alleging infringement of a total of 18 patents
that cover innovations in on-carriage cartridges for Epson desktop
inkjet printers and off-carriage cartridges used in certain large
format inkjet printers for graphic arts printing. E-Babylon admitted
infringement and enforceability of the patents and agreed to a
permanent injunction that prohibits further infringements. Financial
terms of the settlement are confidential.“We commend E-Babylon for
deciding to respect Epson’s patents and compete fairly,” said Elizabeth
Leung, director, Consumer Supplies, Epson America Inc. “We will
continue taking all necessary steps to vigorously defend our
intellectual property rights and our investments in R&D against
infringement and other unfair competition at every stage of the supply
chain from manufacturing to distribution.”

Epson has taken
aggressive measures worldwide to protect the company from unfair
competition of all types, including a 10-year history of successful
patent and trademark enforcement in the United States to protect its
intellectual property rights relating to ink cartridges. Most recently,
Epson prevailed in a trial against 24 respondents accused of
infringement in an ITC action. The judge made an Initial Determination
that all cartridges accused in the case infringe Epson’s patents and
recommended a General Exclusion Order that would bar all imports of
such infringing cartridges. The ITC is scheduled to issue a Final
Determination on Oct. 19 regarding the judge’s recommendations.Epson
has set up a web site at http://itc.epson.com to provide importers and
resellers with timely information about the ITC action and orders. The
respondents in the ITC case are believed to supply most of the
cartridges sold by the defendants in Epson’s latest lawsuit. Epson
anticipates that it may have to file additional lawsuits against
retailers to limit unfair competition and assure the payment of any
damages because some ITC respondents are continuing sales to U.S.
retailers while limiting their direct presence in the U.S. and not
actively defending the ITC action.

[Author]

October 17, 2007 at 12:02 PM