Canon and Nu-kote Reach Settlement.Business Editors, Legal Writers LAKE SUCCESS, N.Y.--(BUSINESS WIRE)--Oct. 6, 2000 The following is an announcement by Canon U.S.A.: Nu-kote Accepts Validity and Infringement of Canon Patents and Trademarks Canon Computer Systems, Inc., Canon U.S.A., and Canon, Inc. (NYSE NYSE See: New York Stock Exchange : CAJ CAJ Canadian Association of Journalists CAJ Christliche Arbeiterjugend (German Young Christian Workers) CAJ China Academic Journals CAJ Christian Academy in Japan CAJ Canaima, Venezuela (Airport Code) ) - "Canon" - announced today that Canon and Nu-kote International, Inc. have settled all issues in the Canon v. Nu-kote intellectual property litigations in the Federal District Court for the Middle District of California, the pending appeal before the Court of Appeals for the Federal Circuit, and Nu-kote's Chapter 11 bankruptcy bankruptcy, in law, settlement of the liabilities of a person or organization wholly or partially unable to meet financial obligations. The purposes are to distribute, through a court-appointed receiver, the bankrupt's assets equitably among creditors and, in most reorganization pending in the Federal Bankruptcy Court bankruptcy court n. the specialized Federal court in which bankruptcy matters under the Federal Bankruptcy Act are conducted. There are several bankruptcy courts in each state, and each one's territory covers several counties. for the Middle District of Tennessee. The settlement calls for the entry of a consent judgment against Nu-kote for patent infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver. , trademark and trade dress infringement, and false-advertising. Nu-kote also acknowledged the validity, enforceability, and infringement of the Canon patents, trademarks, and other intellectual property rights at issue in the Canon v. Nu-kote litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. in California and dismissed with prejudice all of the counterclaims it asserted against Canon in the California litigation. As part of the settlement, Nu-kote can market its revised 600 series of cartridges
The parties' agreement also requires Nu-kote to pay certain damages to Canon for Nu-kote's infringements. "We are pleased that Nu-kote has acknowledged Canon's intellectual property rights and Nu-kote's infringement of them. Canon rightfully is proud of its valuable intellectual property," said Dr. Nobuyoshi Tanaka, Director, Group Executive, Corporate Intellectual Property and Legal Headquarters, of Canon, Inc. In 1995 and 1996, Canon brought two lawsuits against Nu-kote for patent infringement, trademark and trade dress violation, and false advertising. Nu-kote denied the allegations and asserted various counterclaims. The parties actively litigated these cases until November 1998, when Nu-kote filed for Chapter 11 bankruptcy protection. |
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