GREEN PROJECT TAKES ON EPSON IN INK CARTRIDGES COUNTER-SUIT

[Anonymous]

http://www.marketwire.com/press-release/Green-Project-Inc-1023266.html
DAVID Vs GOLIATH / GREEN PROJECT TAKES ON EPSON IN INK CARTRIDGES COUNTER-SUIT
Green Project Inc., Maker of Recycled Ink and Toner Cartridges, Files Counter-Suit Against Corporate Giant Epson
Entrepreneurial Company Seeks Damages for Trade Secret Misappropriation and Trespass
LOS
ANGELES, CA— A counter-suit against Epson America Inc. and Seiko
Epson Corp., one of the world’s largest inkjet manufacturers, was filed
Monday, July 27, 2009, by Green Project Inc. (www.greenprojectinc.com),
a Los Angeles-based, environmentally dedicated entrepreneurial company
that recycles ink and toner cartridges.The suit, filed in U.S. District
Court, District of Oregon, alleges unfair competition, seeks a
declaratory judgment for non-infringement of Epson’s patents, accuses
the Japanese-headquartered conglomerate of trade secret
misappropriation and trespass, and denies Epson’s allegation of patent
infringement.

Green Project, which operates from Hacienda
Heights in Los Angeles County, was added on June 18 to a lawsuit filed
by Epson earlier this year. Epson’s suit is against a group of
suppliers that make “compatible” after-market inkjet cartridges that
work with Epson printers, and who also recycle Epson’s cartridges.
(Green Project does not make compatibles; it only recycles original
inkjet cartridges.)

Joseph Wu, president of Green Project,
explained, “We are puzzled by Epson’s corporate policy of punishing
recyclers of used inkjet cartridges, companies that provide critically
needed environmental benefits for everyone. Used cartridges are
extremely damaging to the environment, both the plastic framework that
does not degrade in landfills and the toxic ink left inside the
cartridges that seeps into the soil.”Our company and companies like
ours are working hard to offset the incredible damage being done by
discarded cartridges. Studies show that as many as 350 million
cartridges wind up in landfills throughout North America each year. We
are unaware of any other inkjet manufacturer that continues to take
such a harsh environmental stance, as does Epson,” added Wu.The
counter-suit against Epson is being pursued by Green Project not only
to gain relief from the patent infringement case against the
defendants, but also to seek damages against Epson and one of its
employees, Herbert W. Seitz, who is accused of surreptitiously gaining
access to Green Project’s premises and to the company’s competitive
business information by pretending to be a potential customer.

Wu
said the actions by Seitz, acting on behalf of his employer Epson, are
both illegal and morally reprehensible. “Basically, Epson was spying on
us, including gaining sensitive pricing information, through false
pretenses. He used a false name and a fabricated company to gain
access.”Thomas Chan, managing partner of Chan Law Group, counsel to
Green Project, said, “This is a clear-cut case of a major international
corporation bullying a start-up company using legal tactics without
merit and, even worse, using false identity to gain trade secret
information on its competitors.”Explaining why Green Project is seeking
declaratory judgment for non-infringement of Epson’s patents, Chan
said, “The law is clear: once the inkjet cartridge is sold to the
public by the patent owner, under the well established ‘First Sale
Doctrine,’ the patent owner’s rights end. Our client takes the
discarded cartridge, cleans it and refills it for a subsequent user. In
so doing, Green Project preserves the environment, helps the economy by
operating a small business and gives consumers an alternate product at
a reduced cost.”

Green Project Inc.
Based in Hacienda
Heights, Calif., Green Project Inc. is a fast-growing start-up that
specializes in remanufacturing ink and toner cartridges. The company
provides products for all of the major manufacturers of inkjet
printers, including inkjet cartridges and laser toners. The company has
a strong environmental orientation and has chosen to focus on providing
recycled products, thus saving the earth from further environmental
harm caused by discarded inkjet cartridges and used ink. More
information is available at http://www.greenprojectinc.com.

Chan Law Group LLP
Chaired
by Thomas T. Chan, Chan Law Group is a Los Angeles-based, boutique
intellectual property law and business law firm. Chan previously served
as trade advisor to the U.S. Trade Representative and to the U.S.
Secretary of Commerce. He was instrumental in the formation of the
Business Software Alliance based in Washington D.C. and was responsible
for filing the first antitrust lawsuit against Microsoft in 1993. More
information is available at http://www.chanlaw.com.

[Author]

August 7, 2009 at 3:10 PM