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Media Sciences Advises of Litigation By Xerox
OAKLAND,
N.J., June 06/ — Media Sciences International, Inc. , the leading
independent manufacturer of office color printer supplies, today
reported that Xerox Corporation filed a patent infringement lawsuit in
the Southern District of New York (U.S. District Court filing
06CV4872), alleging that Media Sciences’ solid inks designed for use in
the Xerox(R) Phaser(R) 8500 and 8550 printers infringe four Xerox-held
patents. The four patents referenced in the suit are related to the
shape of the ink sticks.Media Sciences believes its inks do not
infringe any valid U.S. patents. The Company has a strict policy of
respecting the intellectual property of others. The Company intends to
vigorously defend these allegations of infringement. All Media
Sciences’ products reflect this dedication to intellectual property
sensitivity as part of the Company’s Science of Color(TM) commitment to
deliver affordable, high quality, non-infringing, warranty-protected
products to its customers.Further, Media Sciences considers Xerox’s
conduct a violation of a 2001 Settlement Agreement between the two
companies. The Agreement settled litigation between the parties, which
Media Sciences initiated in 1999. The Company is evaluating all of its
legal options, including possible counterclaims.The Company has
previously stated that, as a result of new color toner products and
current sales trends of existing products, it expects the growth of
color toner cartridge sales to continue to outpace that of solid ink
sales in fiscal 2006, and advises the same for fiscal 2007. Eight of
the ten new product lines released by the Company in fiscal year 2006
were in the color toner category. The Media Sciences products related
to the suit were introduced in December 2005 and represent less than
10% of the Company’s fiscal 2006 revenue.”Media Sciences has competed
with Xerox in this market for nearly a decade, and we are disappointed
that Xerox has moved this competition from the marketplace into the
courtroom,” said Michael W. Levin, President and CEO of Media Sciences.
“We are also surprised that Xerox has not honored its commitments
embodied in the 2001 Settlement Agreement.”Mr. Levin continued, “Media
Sciences is prepared to respond while also continuing our aggressive
plans for continued growth. Our longstanding commitment to delivering
quality, value, and a choice to color printer users remains firm. Our
customers and end users can continue to expect from Media Sciences a
complete portfolio of newly manufactured, warranty-protected, color
printer supplies, including our products for use in the Xerox Phaser
8500 and 8550 printers, all of which deliver a high-quality, lower cost
alternative to the printer manufacturer’s brand.”The suit seeks
unspecified damages, injunctive relief, and fees. The outcome of this
litigation may have a material adverse effect on the Company.About
Media Sciences International, Inc. : Media Sciences International, Inc.
, the leading independent manufacturer of solid ink and color toner
cartridges for office color printers, has a strong reputation for being
the informed customer’s choice. As the premium quality price
alternative to the printer manufacturer’s brand, Media Sciences’ newly
manufactured color toner and solid ink products for use in Xerox(R),
Tektronix(R), OKI(R), Ricoh(R), Konica-Minolta/Minolta-QMS(R),
Epson(R), and Brother(R) office color printers deliver up to and over
30% in savings when compared to the printer manufacturer’s brand.
Behind every Media Sciences product is The Science of Color(TM)-the
company’s proprietary process for delivering the very best quality at
the very best price, including its commitment to exceptional, highly
responsive technical support and its longstanding, industry-leading
warranty. With the Company’s groundbreaking INKlusive(TM) FREE Color
Printer Program (http://www.inklusive.com/), printer users buy the
supplies, and get the printer for free.
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