March 5, 2018
The OEM has filed two patent infringement lawsuits in American district courts, as well as seeking a final consent judgement and permanent injunction in its legal dispute with Gaea Supplies Corporation.
The first patent infringement lawsuit was filed by Epson with the United States District Court of New York, and is against New York corporation, E-Z Ink Inc, a supplier of aftermarket ink and toner cartridges.
Epson is accusing E-Z Ink Inc of infringing its United States Patent No. 8,454,116 (“the ‘116 patent”), with the “infringing products at issue” being aftermarket ink cartridges designed for use in the OEM’s printers.
According to the court documents viewed by The Recycler, the New York company is described as being a “willful infringer” of Epson’s patent, as well as violating two general exclusion orders issued by the International Trade Commission (ITC).
Epson has filed the lawsuit against E-Z Ink Inc in order to “recover money damages” as well as “for a preliminary and permanent injunction” and for other relief. According to the documents, E-Z Ink Inc stands accused of importing, offering for sale, and selling ink cartridges which infringe the ‘116 patent. As a result, Epson claims it has suffered, and will continue to suffer, “substantial damages”.
The OEM is demanding a jury trial in this case.
The second patent infringement lawsuit filed by Epson against two defendants, Try the INK LLC and InkPro2Day LLC, centres around the alleged infringement of the OEM’s ‘917 and ‘749 patents. The case was filed in the United States District Court of Nevada.
In court documents viewed by The Recycler, both companies are cited as being “willful infringers” of Epson’s patents and ITC general exclusion orders, with the ITC issuing a Cease and Desist Order against InkPro2Day.
The defendants are accused of both direct and indirect patent infringement, consisting of “making, using, importing, offering to sell and selling” aftermarket ink cartridges that are in violation of Epson’s patents. Epson is seeking a jury trial in this case, as well as other relief including treble damages and the payment of its “reasonable” attorney fees and other legal costs.
Finally, in the lawsuit against Gaea Supplies Corporation, filed in the United States District Court of Oregon, both parties involved in the case have agreed to the entry of a Final Stipulated Consent Judgement and Permanent Injunction. Gaea, which sells and imports aftermarket ink cartridges, was brought to court by Epson for the infringement of the OEM’s ‘917 and ‘749 patents.
In court documents seen by The Recycler, the final consent judgement and permanent injunction would decree that Gaea and any others in “active concert or participation” with them are permanently enjoined from selling the accused products involved in the case. They would also be permanently enjoined from “any other acts that directly or indirectly infringe any claim of the Epson Patents, and from causing, inducing or contributing to the infringement of the Epson Patents by others.”
The right to appeal this judgement is “expressly waived” by both parties.
Both Epson and Gaea are paying for their own legal costs in this case.
Categories : World Focus