ITC:NINESTAR INFRINGED 11 EPSON PATENTS

[Anonymous]

U.S. International Trade Commission Issues a Final Determination Finding All Accused Cartridges Infringe Epson’s Patents
LONG
BEACH, United States, October, 2007 – On October, 2007 , the U.S.
International Trade Commission (“ITC”) issued a Final Determination
upholding, with slight modifications, the Initial Determination issued
by the ITC Administrative Law Judge on March 30, 2007 that found all 11
patents belonging to Seiko Epson Corporation (“Epson”) to be valid and
all ink cartridges at issue to infringe one or more of the patents. The
modifications to the Initial Determination do not significantly change
the outcome, and under the Final Determination, all of Epson’s 11
patents were found valid and all accused cartridges still infringe one
or more of the patents.

The ITC also issued a General Exclusion
Order that prohibits all importation of infringing cartridges into the
U.S., and also issued a Limited Exclusion Order that prohibits all
importation of infringing cartridges by defaulting respondents. In
addition, the ITC also issued Cease and Desist Orders that prohibit the
sale and distribution of infringing cartridges in the U.S. by certain
domestic respondents.The General Exclusion Order prohibits the
importation of all infringing ink cartridges not only by the companies
who were respondents in the ITC investigation, but also by any
importers of infringing ink cartridges.

The Final Determination
is subject to Presidential Review for 60 days, to consider whether
there are any policy reasons to disapprove the Final Determination.
During the Presidential Review period, importers may continue to import
infringing cartridges into the United States only if they post a bond
of $13.60 per cartridge. However, if during the Presidential Review
Period, the President does not disapprove the Final Determination, then
all importers must cease importing infringing products entirely.

The
Final Determination arises from a complaint that Epson and its U.S.
subsidiaries filed on February 17, 2006 that accused 24 U.S., Korean,
German, and Chinese companies of importing and selling infringing ink
cartridges in the U.S. Epson and its U.S. subsidiaries also filed
parallel actions in the U.S. District Court for Oregon for damages and
injunctive relief. Prior to the ITC trial, Epson reached resolution
with 18 respondents, including settlements where the respondents agreed
to cease sales of infringing products.

“Trust-based management”
is at the core of Epson’s corporate management, and we run our company
with care not to violate any laws or corporate ethics, and with full
respect for the rights of others. At the same time, we expect others to
show the appropriate respect for our rights as well. From the
standpoint of protecting intellectual property rights, we will use
legal measures to address those who use Epson’s patented technology,
trademarks, and other intellectual property without permission.

[Author]

October 25, 2007 at 10:58 AM