Epson sued in California for trespass and trade secret misappropriation

On July 27, 2009, Green Project, a environmentally dedicated entrepreneurial company that recycles ink and toner cartridges, filed a suit against Epson America Inc. and Seiko Epson Corp.

The suit alleges unfair competition, seeks a declaratory judgment for non-infringement of Epson's patents, accuses the Japanese-headquartered conglomerate of trade secret misappropriation and trespass, and denies Epson's allegation of patent infringement.

Green Project from Los Angeles was added on June 18 to a lawsuit filed by Epson earlier this year. Epson's suit is against a group of suppliers that make "compatible" after-market inkjet cartridges that work with Epson printers, and who also recycle Epson's cartridges. Green Project does not make compatibles; it only recycles original inkjet cartridges.

Joseph Wu, president of Green Project, explained, "We are puzzled by Epson's corporate policy of punishing recyclers of used inkjet cartridges, companies that provide critically needed environmental benefits for everyone."

The counter-suit against Epson is being pursued by Green Project not only to gain relief from the patent infringement case against the defendants, but also to seek damages against Epson and one of its employees, who is accused of surreptitiously gaining access to Green Project's premises and to the company's competitive business information by pretending to be a potential customer.

Source: www.greenprojectinc.com

Key words: Epson, trial, Green Project, remanufacturer, inkjet

HP Resolves Ink Cartridge Patent Infringement with LexJet Corporation

HP announced that it has resolved the dispute and dismissed a patent infringement lawsuit against Florida-based LexJet Corporation and LexJet Southern California, LLC, regarding inks used in certain remanufactured HP large-format ink cartridges.

On May 22, 2008, HP filed a lawsuit against LexJet in the U.S. Federal Court for the Northern District of California.

HP and the ink manufacturer supplying ink to LexJet have developed a solution to avoid legal action. LexJet’s ink manufacturer has agreed to reformulate the inks in question and pay HP an undisclosed amount of money.

“HP is pleased to have resolved this matter quickly, and we remain committed to vigorously protecting our investment in intellectual property,” said Stephen Nigro, senior vice president, Inkjet and Web Services Business, Imaging and Printing Group, HP. “As part of HP’s ongoing worldwide testing and enforcement efforts, we will continue to monitor LexJet and others for possible patent infringement.”

Source: www.hp.com

Key words: HP, court, agreement, LexJet

US Trade Commission Issues a Final Determination Finding All Accused Cartridges Infringe Epson's Patents

The U.S. International Trade Commission ("ITC") issued a Final Determination upholding, with slight modifications, the Initial Determination issued by the ITC Administrative Law Judge on March 30, 2007 that found all 11 patents belonging to Seiko Epson Corporation ("Epson") to be valid and all ink cartridges at issue to infringe one or more of the patents. The modifications to the Initial Determination do not significantly change the outcome, and under the Final Determination, all of Epson's 11 patents were found valid and all accused cartridges still infringe one or more of the patents.

The ITC also issued a General Exclusion Order that prohibits all importation of infringing cartridges into the U.S., and also issued a Limited Exclusion Order that prohibits all importation of infringing cartridges by defaulting respondents. In addition, the ITC also issued Cease and Desist Orders that prohibit the sale and distribution of infringing cartridges in the U.S. by certain domestic respondents.

Source: http://www.epson.co.jp

HP Resolves Ink Patent Infringement Suit Against Pelikan

On August 02, 2007, HP announced that Germany-based Pelikan Hardcopy Deutschland GmbH and the Swiss Pelikan Hardcopy (International) AG have admitted claims asserted by HP in an action for patent infringement filed with the Düsseldorf Regional Court in Germany.

Based on this admission, the court issued a judgment ordering Pelikan to stop importing and distributing the infringing cartridges and to pay damages to HP. Pelikan also was ordered to recall all infringing products that might still be in the distribution channel.

In May, HP alleged that Pelikan infringed multiple HP patents related to the print cartridges and the ink formulation found in Pelikan products. Pelikan has admitted HP’s claims regarding all patents.

The accused Pelikan products were new cartridges, as opposed to remanufactured, and had been sourced from a third party and imported into Germany. They were sold under the Pelikan brand and designated as H06 and H08 color cartridges.

Source: www.hp.com

HP Resolves Ink Cartridge Patent Infringement Dispute

HP today announced that it has resolved a patent infringement lawsuit against German-based InkTec GmbH Zentrale and PCE Group regarding inks used in the refilling of certain HP inkjet cartridges.

The settlement also included resolution with Korea-based InkTec Ltd., the manufacturer and distributor of the infringing products.

As part of the settlement, both InkTec entities and the PCE Group acknowledged the validity of the HP patents in suit and admitted to infringement. In addition, they agreed to pay HP an undisclosed sum, to stop selling infringing inks in Germany and other countries where such patents are held, and to withdraw infringing products from the market in those countries.

In October 2006, HP filed suit against InkTec GmbH Zentrale and the PCE Group in the District Court of Düsseldorf, Germany, after HP discovered that certain ink refill kits sold under the InkTec brand and distributed by InkTec and PCE Group contained infringing ink. HP asserted two patents relating to ink formulations and specifically accused InkTec refill kits used for refilling certain HP inkjet printer cartridges.

"HP will continue to invest in technology that benefits customers and to vigorously protect this investment," said Michael Hoffmann, senior vice president, Supplies, Imaging and Printing Group, HP. "We're pleased to have resolved this matter quickly without extensive litigation and will continue to monitor InkTec and others for possible patent infringement as part of our ongoing worldwide testing and enforcement efforts."

Source: www.hp.com