Court of Appeals Finds Epson Patents Valid and Enforceable; Finds Preliminary Injunction Enforceable Against Nu-kote and Pelikan.LONG BEACH, Calif.--(BUSINESS WIRE)--Sept. 10, 1999-- Epson America, Inc. and Seiko Epson Seiko Epson Corporation (セイコーエプソン株式会社 Corporation achieved an important victory in their patent and trademark lawsuit against Nu-kote International, Inc. and Pelikan Produktions, A.G. In an opinion published on Sept. 8, 1999, the Court of Appeals for the Federal Circuit confirmed the validity and enforceability of several Epson patents relating to relating to relate prep → concernant relating to relate prep → bezüglich +gen, mit Bezug auf +acc the structure and design of ink jet cartridges. The Court of Appeals also upheld the District Court's decision that found Nu-kote in contempt of a preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits. A preliminary injunction is regarded as extraordinary relief. and remanded the case for recalculation re·cal·cu·late tr.v. re·cal·cu·lat·ed, re·cal·cu·lat·ing, re·cal·cu·lates To calculate again, especially in order to eliminate errors or to incorporate additional factors or data. of the contempt sanctions awarded to Epson. Finally, the Court of Appeals found that Nu-kote's bankruptcy does not bar continued prosecution of the lawsuit against Pelikan Produktions and continued enforcement of the preliminary injunction against Nu-kote and its officers. "This is an important victory for Epson. We are pleased by the Court of Appeals' decision vindicating Epson's patent rights in this technology," said David Abel of Graham & James, counsel for Epson. "These patents cover the ink jet cartridges that are an integral part of Epson's award-winning ink jet See inkjet printer. printing systems," said Keith Kratzberg, director of Supplies Marketing for Epson. "Epson relies on its patents and trademarks to protect our considerable investment in the development of printing technologies and to protect consumers from deceptive practices. "The 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. against Nu-kote and Pelikan underscores Epson's unwavering commitment to enforce its patents and trademarks and to prevent unfair competition." The litigation was complicated by Nu-kote's bankruptcy, which was filed last November within a week after the Court of Appeals hearing. "We are also pleased that the Court of Appeals clarified that Nu-kote's bankruptcy does not stay Epson's ability to enforce its patent and trademark rights against the manufacture and export of infringing products by Pelikan Produktions, nor does the bankruptcy bar Epson from enforcing the preliminary injunction issued against Nu-kote by the District Court prior to the bankruptcy," Abel said. About Epson Epson offers an extensive array of award-winning image capture and image output products for consumer, business and graphic arts graphic arts: see aquatint; drawing; drypoint; engraving; etching; illustration; linoleum block printing; lithography; mezzotint; niello; pastel; poster; silk-screen printing; silhouette; silverpoint; sketch; stencil; woodcut and wood engraving. markets. The company is also a leading supplier of value-added, point-of-sale (POS (1) See point of sale and packet over SONET. (2) "Parent over shoulder." See digispeak. POS - point of sale ) solutions for the retail market. Founded in 1975, Epson America is the U.S. affiliate of Japan- based Seiko Epson Corporation, a global manufacturer and supplier of high-quality technology products that meet customer demands for increased functionality, compactness, systems integration and energy efficiency. Epson America, Inc. is headquartered in Long Beach. For more information or to obtain a copy of the Court of Appeals decision, contact Pam Barnett, Epson America's manager, Public Relations public relations, activities and policies used to create public interest in a person, idea, product, institution, or business establishment. By its nature, public relations is devoted to serving particular interests by presenting them to the public in the most at 562/290-5683. Note to Editors: Epson is a registered trademark of Seiko Epson Corporation. EPSON Stylus is also a registered trademark of Seiko Epson Corporation. PhotoPC is a registered trademark and Image Authentication System and HyPict are trademarks of Epson America, Inc. Third party brand or product names are trademarks or registered trademarks of their respective holders. |
|
||||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion