Ninestar to Contest ITC Initial Determination
April 11, 2007
Administrative Law Judge Paul J. Luckern of the U.S. International Trade Commission on March 30
issued an initial determination that a number of Epson’s U.S. patents relating to ink jet cartridges are infringed by certain products of Ninestar Technology Company, Ltd., a leading Chinese developer and manufacturer of aftermarket ink cartridges and its United States subsidiaries.
Judge Luckern also determined that these patents are infringed by 20 other manufacturers, each of whom have either acknowledged infringement by their products or failed to offer any defense. Ninestar is alone among the accused manufacturers in actively contesting Epson’s assertions. Ninestar remains fully committed to continue this active defense.
The initial determination has no legal effect unless and until it is adopted by the ITC, which has the power to reject it in full. The initial determination also has no effect outside of the United States, or on Ninestar products sold for use in Non-Epson printers or on many Epson compatible products offered by Ninestar that were not accused of infringement. Ninestar thus remains committed to offering its customers a wide range of high-quality printer consumables.
The initial determination is subject to review by the ITC, which is expected to issue its final decision this summer. Ninestar intends to move the Commission to review and reverse the initial determination. Should the Commission adopt the initial determination, Ninestar intends to pursue all available appellate channels to seek reversal of the determination.
Ninestar’s new R-series products are not involved in the ITC investigation. Ninestar is confident that its new R-series products therefore will continue to be available to its customers regardless of whether or not the initial determination is adopted by the full Commission.
