USITC ruling against Ninestar appeal affirmed
February 9, 2012
The USITC’s assessment of Ninestar’s appeal against a civil penalty for failure to comply with exclusion and cease and desist orders has been affirmed by the United States Court of Appeals.
The US Court of Appeals has 
affirmed the rulings of the United States International Trade Commission (USITC) against Ninestar’s continued importing of ink cartridges, failing to comply with exclusion and cease and desist orders.
The ruling as found on Leagle stipulates that “Ninestar US and Town Sky continued to import into the United States and to sell the ink cartridges that were subject to the [cease and desist] orders”, to whit Ninestar argued “that the International Trade Commission incorrectly found infringement by the Ninestar products, that the authority exercised by the Commission to exclude these products and to enforces its orders is in violation of the constitutional principles of separation of powers, and that the proceedings violated Ninestar’s constitutional rights to note, clarity, and a
jury trial”.
However the Court of Appeals “discern[ed] no violation of constitutional structure in the Commission’s authority to levy a civil penalty, and no violation of constitutional protections in the procedures followed and the penalty assessed” and affirmed the Commission’s rulings.
Ninestar and Epson had recently announced a settlement to disputes, in which Ninestar “without admitting any infringements” acknowledged Epson patents as “valid and enforceable” and would cease sales of the accused products, although may continue to sell legally remanufactured cartridges.
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