Ninestar Challenges ITC Determination
May
2007 Ninestar Technology Co., Ltd., has filed a petition with the
United States International Trade Commission, asking the full
Commission to reject the initial determination and recommendation
handed down on March 30, 2007 by administrative law judge Paul Luckern.
In its petition, Ninestar has explained the clear legal errors
committed by Judge Luckern in concluding that Ninestar’s proprietary
ink cartridge products were within the scope of Epson’s patents. A
decision by the Commission as to whether it will review, reject or
accept the administrative law judge’s recommendation is expected by May
15, 2007. Until then, the initial determination has no legal effect.
Ninestar remains confident in the strength of its legal and technical
position.
There has been considerable misinformation in the
marketplace concerning the status of the ITC investigation. At least
one of Ninestar’s competitor’s Nectron International, has released a
statement which falsely claims that a final determination has been
reached in the ITC action and suggesting that Ninestar’s customer’s
have been placed at risk because of Ninestar’s aggressive defense of
the claims made by Epson.
Nothing could be further from the
truth. While Nectron has acknowledged in a document filed in the ITC
that its accused product line infringes the Epson patents and has
agreed to cease and desist from supplying its customers with these
products in the future, Ninestar remains committed to defending its
innovative and self-designed products from unjustified and expansive
infringement claims by Epson. Ninestar thus remains committed to
continuing to offer its customers non-infringing products and unlike
Nectron, and others, has stood up to the threats and demands made by
Epson in an effort to shut down the marketplace. Ninestar’s products
can be purchased with comfort that Ninestar remains confident that its
legal position will be upheld.