October 3, 2011
The General Exclusion Order, which bans imports and sales of infringing products, comes at the conclusion of the case taken by Lexmark against 24 companies, with the OEM alleging that at least 15 of its patents for toner cartridges were infringed by the companies involved in the case.
On 27 September the USITC issued a Final Determination that ruled the cartridges in question infringed Lexmark’s patents, and the General Exclusion Order has followed accordingly. Cease and desist orders have also been issued to the 24 companies to immediately rule a stop to the further sale or importation of the infringing products.
The OEM has also filed a related patent infringement claim against the same 24 companies in the US District Court for the Southern District of Ohio, where it will be seeking “injunctive relief, monetary damages and attorney’s fees” from the companies concerned.
Robert Patton, Lexmark’s Vice President and General Counsel, stated: “Lexmark has made substantial investments in research and development of our laser toner cartridge technology to ensure that our customers receive the best possible quality and value.
“The decision by the ITC is an important milestone in our ongoing effort to protect that investment and our customers from products that violate the intellectual property laws.”
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