Canon announced the resolution of patent infringement disputes with SupplyBuy.com, Inc. and OnlineTechStores.com, Inc. The resolution, reached in the U.S. District Court for the Southern District of New York, concerns certain photosensitive drums sold for use in Canon or Hewlett Packard laser beam printers.
According to a statement released by Memjet, an agreement has been reached regarding the lawsuit filed on March 5, 2012, by the George Kaiser Family Foundation against Silverbrook Research, Kia Silverbrook and his partner, Janette Faye Lee. The agreement clears the way for the continued commercialization of Memjet's color printing technology. Under the agreement, Memjet will assume direct ownership and control of the intellectual property portfolio related to the Memjet technology, which includes some 4,000 issued and pending global patents. Additionally, Memjet will assume direct control of all research, development and commercialization activities for Memjet technology, including services previously provided to Memjet by Silverbrook Research Pty. Ltd. from its North Ryde facilities in Sydney, Australia. Kia Silverbrook, co-founder of Memjet and president of Silverbrook Research, will continue to support Memjet as a special advisor to the Memjet Board of Directors and as an ongoing consultant.
Canon and OnlineTechStores.com have resolved their pending lawsuit in the U.S. District Court for the Southern District of New York regarding OnlineTechStores.com’s alleged infringement of Canon’s U.S. patents.
Canon announced the resolution of patent infringement disputes with Imaging Resources and Do It Wiser DBA Image Toner. The resolution reached in the U.S. District Court for the Southern District of New York concerns Canon’s USITC complaint that alleged that these and many other companies violated Section 336 of the Tariff Act of 1930, specifically the “projection at the end of the drum that enables … a detachable coupling.” As a result of the resolution, Imaging Resources and Image Toner have stipulated to a consent judgment and permanent injunction, which will prohibit the company from making, using, selling and offering for sale in the U.S., and from importing into the U.S., these toner cartridges and their photosensitive drums. Clover companies, Dexxon Digital Storage, Discount Office Items, Deal Express LLC, GreenLine Paper Company, Myriad Greeyn, Office World, OfficeWorld.com, Acecom (DBA InkSell.com) and Green Project have all filed responses denying the allegations of infringing Canon’s patents.
Canon announced the resolution of a patent infringement dispute with Do It Wiser BDA Image Toner. The resolution reached in the U.S. District Court for the Southern District of New York concerns certain toner cartridges and their photosensitive drums sold for use in Canon or Hewlett Packard laser beam printers. As a result of the resolution, Image has stipulated to a consent judgment and permanent injunction from the Southern District of New York, which will prohibit the company from making, using, selling and offering for sale in the U.S., and from importing into the U.S., these toner cartridges and their photosensitive drums.
Canon and Imaging Resources have resolved their pending lawsuit in the U.S. District Court for the Southern District of New York regarding Imaging Resources’ alleged infringement of Canon’s U.S. Patent Nos. 5,903,803 and 6,128,454, with Imaging Resources stipulating to a consent judgment and permanent injunction from the Southern District of New York, which will prohibit Imaging Resources from selling and/or offering for sale in the U.S., the photosensitive drums that Canon accused of infringement.
Lexmark investigators and police raided a warehouse in Turkey as part of the company’s continuing efforts to remove counterfeit printer supplies from the marketplace. This raid was the culmination of an extensive investigation of a suspect that had previously been charged with trademark counterfeiting in the Turkish court system. The warehouse contained counterfeit supplies for several printer brands, and police officers seized more than 1,000 counterfeit Lexmark supply items from the location.
Canon announced the resolution of patent infringement disputes with E-Max Group, Inc. DBA Databazaar.com; IJSS Inc. DBA both TonerZone.com and InkJetSuperstore.com; and Ink Technologies Printer Supplies, LLC. The companies have stipulated to a consent judgment and permanent injunction from the Southern District of New York, which will prohibit the above-mentioned companies from making, using, selling and offering for sale in the U.S., and from importing into the U.S., these toner cartridges and their photosensitive drums.
Days after news broke that GKFF is suing Kia Silverbrook, his common-law wife, Janette Faye Lee, and their company Silverbrook Research, a representative for Silverbrook Research contacted Wirth Consulting with a statement. The statement says that the allegations made by the George Kaiser Family Foundation “are entirely baseless and inaccurate, and will be defended vigorously by Silverbrook.”
On March 5, 2012, the George Kaiser Family Foundation (GKFF) filed suit against Silverbrook Research, Kia Silverbrook and his common-law wife, Janette Faye Lee, for allegedly inducing GKFF to invest in the Memjet companies based on “omissions, false representations and false promises the Defendants had no intention of keeping.” Since 2003, GKFF has invested in excess of $610 million in the Memjet companies. It was also alleged that Silverbrook and Lee are threatening to take the patents and intellectual property protecting Memjet’s revolutionary printing technology to sell to third parties.
Canon announced the resolution of patent infringement disputes with Atman, Inc. DBA pcRUSH.com (pcRUSH) in the International Trade Commission and the U.S. District Court for the Southern District of New York, concerning certain toner cartridges and their photosensitive drums sold for use in Canon or Hewlett-Packard laser beam printers.
The Court of Appeals for the Federal Circuit – in the case of the Ninestar companies versus the International Trade Commission (US ITC) and Epson – affirms the US ITC's decision to fine Ninestar Technology $11.1 million for infringing products. Despite the US ITC's issuance of cease and desist orders, The Court of Appeals has evidence that the Ninestar companies disregarded those orders and continued to import and sell the infringing cartridges. “The Commission found that the Ninestar respondents knew that their conduct was prohibited, … and that Ninestar did not simply ignore or disregard the Commission’s orders; they deliberately evaded the orders,” the report detailed.
On January 23, 2012, the U.S. International Trade Commission (US ITC) received a complaint filed on behalf of Canon Inc. According to the report, the complaint alleges that more than 30 companies – comprising four groups of defendants: Clover, Orink, NuKote and multiple dealers – have violated section 336 of the Tariff Act of 1930, specifically the “projection at the end of the drum that enables … a detachable coupling.” The report alleges that the respondents unlawfully import into the U.S., sell for importation, and/or sell within the U.S. after importation of certain toner cartridges and components thereof.
A press release from Epson stated that the OEM and Ninestar have settled all disputes relating to alleged infringements of Epson’s U.S. patents by Ninestar’s new and remanufactured cartridges. Without admitting any infringements, Ninestar agrees that the asserted Epson patents are valid and enforceable, that it will cease sales of the accused products and that it will not infringe the asserted Epson patents. Ninestar may, however, continue selling legally remanufactured cartridges.
Seiko Epson Corporation announced that it has agreed to settle for US$80 million in the civil lawsuits filed against it in the United States and United Kingdom by Nokia Corporation of Finland and its subsidiaries (Nokia) seeking damages stemming from purchases of liquid crystal displays.
Pearl Agency has received a favorable result in its lawsuit against Brother in Germany. Dusseldorf District Court has cancelled the preliminary injunction on Brother LC980 series ink cartridge from Pearl Agency- Ninestar’s patented cartridges are available again in the German market.
HP has obtained a favorable review by the U.S. International Trade Commission (ITC) regarding the importation and sale of patent-infringing inkjet print cartridges. The ITC agreed with the Initial Determination that Asia Pacific Microsystems (APM), a subsidiary of Taiwan-based United Microelectronics Corporation, is a contributory infringer of HP patents in manufacturing inkjet printheads. The ITC also affirmed the finding that MicroJet Technology Co. – a subsidiary of Taiwan-based DB-Tel Incorporated – and PTC Holdings Limited are direct infringers of HP’s patents in the manufacturing and/or sale of inkjet print cartridges.
Epson America Inc. and Green Project Inc. announced the amicable settlement of a patent infringement lawsuit filed in 2009. Green Project has agreed to a stipulated consent judgment and permanent injunction. The dismissal of claims extends to remanufactured cartridges in Green Project’s inventory and those previously distributed to its customers. The counterclaims filed by Green Project for trespass and misappropriation of trade secrets have also been settled. The financial terms of the settlement are confidential.
In the case of “Certain Toner Cartridges and Components Thereof” between Lexmark and 23 respondents (with the exception of Print-Rite Holdings, as Lexmark and Print-Rite came to a settlement agreement earlier this year), the U.S. International Trade Commission (U.S. ITC) issued its initial determination awarding Lexmark a general exclusion order, barring the importation and sale within the United States of cartridges that infringe the 15 Lexmark patents named in the complaint, Actionable Intelligence reported. A cease-and-desist order has also been issued against the respondents to cease selling infringing Lexmark cartridges in the United States.
In 2010, the OEMs were impressively litigious, and that actually might be good news in some cases. All in all, 2010 was a banner year for the imaging supplies industry's legal teams.
- By Tricia Judge
- Jan 01, 2011