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July 2, 2007
Introspection
The
U.S. International Trade Commission (ITC) meditated, awakening anew, bathed in
the shimmer of KSR, deciding to review an administrative judge's decision that
two dozen companies infringed Seiko Epson ink cartridge patents. The kinder,
gentler ITC was in with the Zen of reflection on claim construction,
infringement, and invalidity by obviousness, where the light-headedness of KSR
hindsight makes so much obvious that otherwise wouldn't be. Oh yes, the ITC has
a new mantra: "If the Commission contemplates some form of remedy, it must
consider the effects of that remedy upon the public interest." [ITC
notice]
Seiko Epson spurred the ITC action in February 2006. The preliminary ruling was a boon to the plaintiff: in November 2006, six of the 24 defendants ponied up on a settlement, both for the ITC action and related Oregon district court lawsuits, which had been filed in April 2005. A seventh company reached a deal later. None of the financial terms were disclosed, but the companies agreed not to sell compatible ink cartridges for Epson desktop inkjet printers in the U.S.
Two companies bowed to the preliminary ITC order, while eight suffered the wrath of the ITC for not following ITC orders by set deadlines.
One alleged infringer fought on: Zhuhai, China-based Ninestar Technology, U.S. affiliates and customer Town Sky in tow. Upon hearing the news, Ninestar Chairman Rusong Lu sang, "We have engaged in this battle to protect the investment we have made in independently developed technology as well as to protect our customers. The Commission's decision to review demonstrates that the confidence we have in our position is justified."
The ITC hopes to complete its contemplation on jets of ink by August 29, 2007.
Posted by Patent Hawk at July 2, 2007 5:55 PM | Litigation