*NEWS*NINESTAR ASKS I.T.C. TO RECONSIDER

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*NEWS*NINESTAR ASKS I.T.C. TO RECONSIDER

 user 2007-06-07 at 3:12:00 pm Views: 63
  • #18335

    Ninestar Asks ITC to Consider Recent Decisions
    Ninestar
    has asked the United States International Trade Commission (ITC) to
    re-examine its legal standards for establishing patent rights in the
    face of recent landmark decisions issued by the Supreme Court and Court
    of Appeals of the Federal Circuit.  Ninestar has filed a petition with
    the ITC asking the six member Commission to review and reject the
    Initial Determination (ID) and recommendation of Administrative Law
    Judge Paul J. Luckern.  
     
    Ninestar is one of a new breed of
    Chinese companies coming of age in the global market. Rather than
    withdraw from the U.S. marketplace in the face of legal attacks on its
    right to sell in the U.S., Ninestar is fully defending itself against
    all patent infringement claims made by Japanese printer giant Seiko
    Epson.
    After Ninestar filed its petition for review at the ITC, the
    United States Supreme Court issued its landmark decision in KSR
    International Co. v. Teleflex Inc.  On April 30, 2007, the Supreme
    Court reversed the legal test for patent invalidity that had been
    widely used for decades.  In what has been hailed as the most important
    patent decision in 50 years, the Supreme Court unanimously declared
    that a patent combining pre-existing elements is invalid if the
    combination is no “more than the predictable use of prior art elements
    according to their established functions.”  Ninestar sent a letter to
    the U.S. International Trade Commission the day after the Supreme
    Court’s decision and urged the Commission to consider the invalidity of
    Seiko Epson patents in light of the newly enunciated legal standard
    established by the Supreme Court. 
     
    Ninestar is a worldwide
    leader in the manufacturing of OEM compatible ink cartridges.  It has
    filed for patents in the U.S., China, Europe, Japan and other countries
    for its innovative technology in cartridge manufacturing. Ninestar has
    made and continues to make substantial investment in R&D and its
    patent portfolio.  Its sophisticated team of engineers works under the
    guidance of top Chinese patent attorneys, along with other top patent
    attorneys in countries where its products are sold to ensure compliance
    with all national regulations.The ITC litigation against Ninestar is
    one of many examples of Epson’s anti-competitive behavior in the U.S.
    market.  Several months ago, Epson was forced to ettle a class action
    lawsuit in California based on the fact that Epson’s cartridges
    registered as empty and suspend printer functions even while ink still
    remains in the cartridge.  Epson was forced to settle the lawsuit by
    paying consumers significant reimbursement for the injuries they had
    sustained from its damaging practice.
     
    Rusong Lu, Chairman of
    Ninestar stated  that “Ninestar’s position at the ITC has gotten even
    stronger as a result of a recent decision of the United States Supreme
    Court which should make it easier for patents to be held invalid on
    grounds of obviousness.”  Ninestar remains confident in its defenses of
    non-infringement and invalidity of the asserted patents.  By a
    unanimous decision, the Commission extended to May 31, 2007 the date by
    which it will decide whether to review, reject, or accept ALJ’s
    recommendation.