EPSON WINS…. $ 20Mil PENALTY AGAINST NINESTAR INK CTG

[Anonymous]

http://rechargermag.com/articles/71899/
Judge Recommends $20.5 Million Penalty Against Ninestar
U.S.
ITC Judge Recommends US$ 20.5 Million Penalty Against Ninestar, Which
Sells Ink Cartridges under the “G&G” and “OA-100” Brands, for
Violations of Orders to Cease and Desist from Continued Infringement of
Epson Patents
TOKYO,
Japan, May  2009 –The Honorable Paul J. Luckern issued an Enforcement
Initial Determination on April 17 that finds Ninestar, which sells ink
cartridges under the “G&G” and “OA-100” brands, repeatedly imported
into the United States and sold after importation cartridges that
infringe certain patents owned by Epson in violation of the General
Exclusion Order and certain Limited Exclusion Orders and Cease and
Desist Orders issued on October 19, 2007 by the U.S. International
Trade Commission (“ITC”).

The decision recommended that the ITC
impose a penalty of US$ 20,504,974.16 jointly and severally against
Ninestar Technology Co. Ltd. of Zhuhai, China and its two affiliated US
companies, Ninestar US and Town Sky. The judge also found four other
companies violated the ITC’s Orders and recommended penalties in the
amount of US$ 9,700,000 against Mipo International Ltd. and Mipo
America Ltd., as well as US$ 700,000 against Ribbon Tree USA Inc. doing
business as Cana-Pacific Ribbons Inc. and Apex Distributing Inc. The
penalty against Ninestar is the largest penalty that has ever been
recommended by an ITC judge. Penalties have been assessed only
infrequently in the reported history of the ITC. They are collected by
and for the United States government.

Judge Luckern’s ruling
arises from enforcement proceedings that were instituted in 2008 by the
ITC to determine whether the seven Chinese and U.S. companies continued
to import into the United States and sell after importation infringing
ink cartridges in violation of the ITC’s General Exclusion Order,
Limited Exclusion Orders and Cease and Desist Orders that were entered
on October 19, 2007. These Orders were entered after the ITC completed
an investigation in 2006-2007 and determined that patents belonging to
Epson were valid, enforceable, and infringed by over one thousand
accused products.

Judge Luckern conducted an enforcement trial
in January 2009 that was defended by the Ninestar companies. The other
four respondents defaulted. Based on the extensive evidence presented
at the enforcement trial, the judge found that all of the enforcement
respondents imported into the United States and/or sold after
importation infringing cartridges repeatedly in violation of the ITC’s
General Exclusion Order, Limited Exclusion Orders and Cease and Desist
Orders. The judge also rejected all of Ninestar’s defenses.

[Author]

May 15, 2009 at 3:16 PM