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LEXMARK STRONG ARMS FIRMS TO SETTLE AND HELP IT’s U.S. I.T.C. CASE
Lexmark Settles With 10 Firms Over Ink Cartridge Patents
Importers of replacement toner cartridges for Lexmark products agree to entry of a permanent injunctionLEXINGTON, Ky., Feb 2011 — Lexmark International, Inc. announced today that it has reached settlements with Alpha Image Tech, E-Toner Mart, Inc., Nano Pacific Corporation, Ninestar Image Co. Ltd., Ninestar Image International, Ltd., Ninestar Technology Company, Ltd., Print-Rite Holdings Ltd., Seine Image International Co. Ltd., Union Technology International (M.C.O.) Co. Ltd., and Ziprint Image Corporation (the “Settling Parties”) in connection with patent litigation pending in the U.S. International Trade Commission (ITC) and the U.S. District Court for the Southern District of Ohio.Lexmark alleged that the manufacture, importation and sale by the Settling Parties of replacement toner cartridges for various Lexmark laser printer and multifunction devices infringed Lexmark’s patent rights.
Among the terms of the settlements, the Settling Parties have agreed to the entry of a final judgment and permanent injunction in the District Court litigation. In addition, the Settling Parties will not oppose Lexmark’s efforts to secure an order from the ITC banning future importation of infringing cartridges. While the Settling Parties did not admit any wrongdoing, they have confirmed their ongoing commitment to respect intellectual property rights by resolving the litigation amicably.(1)Related claims asserted by Lexmark against other parties to the litigation are unaffected by its agreements with the Settling Parties. The remaining terms of the settlements are confidential.
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