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 user 2009-01-26 at 11:07:59 am Views: 63
  • #20979
    U.S. Court of Appeals Affirms ITC General Exclusion Order That Prohibits Imports of Infringing Ink Cartridges
    Epson Continues Enforcement of Its Ink Cartridge Patents -
    January 13 2009 ,the U.S. Court of Appeals for the Federal Circuit in
    Washington D.C. affirmed the Final Determination and General Exclusion
    Order of the U.S. International Trade Commission (“ITC”). A General
    Exclusion Order that bars imports of infringing new and refilled
    cartridges was entered by the ITC in October 2007, after an ITC trial
    established widespread infringement of Epson’s cartridge patents by
    many foreign manufacturers, importers and U.S. distributors. The
    unsuccessful Appeal was filed by Ninestar Technologies Co, Ltd.of
    China, Ninestar’s U.S. subsidiaries and Dataproducts USA LLC (a
    division of Clover Technologies Group).

    Epson will vigorously
    proceed with enforcement of its patents now that the validity and
    enforceability of its patents have again been ratified. A second ITC
    trial was conducted on Jan.14-16, 2009 in Washington D.C. to determine
    any financial penalties that may be assessed against Ninestar, Mipo
    America,Ltd. and Cana-Pacific Ribbons Inc. and their affiliates for
    alleged violations of the General Exclusion Order. The ITC has not yet
    determined any violations, but has the authority to assess substantial
    penalties up to $100,000 per day of violations or twice the commercial
    value of infringing imports.

    In addition to the ITC actions,
    Epson filed U.S. District Court lawsuits in Portland, Ore., for patent
    infringement damages against the same 24 companies named in the ITC
    action and numerous additional distributors and retailers alleged to
    have continued infringements after the ITC Final Determination. The
    District Court cases were stayed pending the ITC Determination and
    Appeal, but will now proceed against those defendants that have not
    settled. Recently, Epson settled two of these lawsuits filed against
    major internet retailers: Media Street Inc. dba and
    Comptree Inc. dba

    Epson maintains a Web site
    ( that provides U.S. importers, distributors
    and retailers with timely information about the ITC action and related
    U.S. District Court lawsuits. The U.S. Court of Appeals Judgment, ITC
    Exclusion Orders, ITC Seizure and Forfeiture Orders, ITC Enforcement
    Complaints, and U.S. District Court complaints referenced in this press
    release are all posted on the Web site with other useful information
    including a summary of the legal requirements for refilled cartridges.

    ITC actions and U.S. District Court lawsuits were all brought by Epson
    Portland Inc., Epson America Inc. and Seiko Epson Corp. as part of
    Epson’s worldwide efforts to protect Epson’s intellectual property
    rights and its substantial investments in R & D to produce high
    quality, innovative printers and ink cartridges. Although most U.S.
    importers and distributors have now undertaken commendable efforts to
    avoid infringing Epson’s cartridge patents, Epson will continue taking
    the necessary actions to protect the company and legitimate competitors
    from ongoing infringements and unfair competition.