*NEWS*S.C.C. SUES F.GRAPHICS & MITSUBISHI

[Anonymous]

Future Graphics and Mitsubishi Kagaku Imaging Respond to SCC’s Lawsuit
Los Angeles, CA: April 2006 – Static Control Components  filed a lawsuit (ref. number 1:006-cv-00154) against Mitsubishi� Kagaku Imaging Corporation  and Future Graphics LLC, alleging violation of the North Carolina Trade Protection Act and civil conspiracy.
SCC claims that FG and MKIC used the SCC correlative product codes to match MKIC products to the products containing SCC part numbers and therefore expedite the transition of MK Imaging products to customers wishing to purchase the qualified MKIC products that they had come to rely on.
Future Graphics “believes these allegations to be absolutely false.” They state: “At no time was it necessary or desirable for FG to utilize SCC correlative information, and FG did not possess this information at the time of the suit.
“Furthermore, FG does not bypass qualifying procedures on any toner product we sell just because there may be product codes apparently matching our suppliers product to one sold by another distributor. There are several reasons for this.
“First, FG has always operated under the policy that one can never be certain that a product previously supplied by another distributor is actually the product the customer thinks it to be. Therefore, testing is necessary to assure the validity of the product….
“Second, FG is fully capable of and is equipped to test toner/OPC combinations in a thorough and timely fashion, especially in conjunction with the unsurpassed technical capabilities of MKIC.
“As far as OPCs are concerned, it is obvious to anyone in the industry that FG does not need SCC part numbers to know the difference, for example, between an HP4000 and an HP4100. All that is required is that the customer specify their requirement for the printer application.
“FG has therefore agreed that it will not use the SCC correlative part numbers. To agree not to do what it previously had not been doing nor had any intention of doing was a simple decision.
“As always, Future Graphics prefers to do business the old-fashioned way, relying on time-honored principles of freedom of choice, quality, service, and price — not on courtrooms and restrictions placed on buyers and/or sellers. FG believes that the customer should have the right to purchase what and from whom it chooses.
“FG looks forward to being of continuing service to the remanufacturing community.”
In its response, Mitsubishi Kagaku Imaging Corporation addressed the SCC lawsuit brought in connection the MKIC’s decision to terminate its distributorship with SCC and enter a new and exclusive relationship with Future Graphics.
“It has been reported that representatives of SCC have been making inaccurate and defamatory statements to the market regarding MKIC’s products and MKIC’s right to sell its own products,” begins the response. MKIC says it sees no basis for the claims made by SCC and will “vigorously defend its rights.”
Furthermore, MKIC enumerated the “facts” in question-and-answer format, contending that MKIC owns the intellectual property rights to the OPC drums and toner at issue, and that the products being sold to Future graphics are the same ones sold to SCC, with the exception of “certain plactic components previously purchased from SCC.”
MKIC further stated that testing procedures for MK Imaging now adhere to STMC testing protocols rather than those required by Static Control, noting that Future Graphics encourages industry standardization advanced by STMC testing.}
The MK Imaging brand OPC drums and toner are now exclusively distributed by Future Graphics and Delacamp, although MKIC claims that SCC was offered a supply of the products during the transition period following termination of its distribution agreement.

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April 6, 2006 at 11:31 AM