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 user 2007-05-07 at 11:05:00 am Views: 58
  • #17988

    Ninestar Challenges ITC Determination
    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

    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.