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Epson Court decision; explanation please.   Message List  
Reply | Forward Message #88490 of 98557 |
RE: [Digital BW] Epson Court decision; explanation please.

>...Could someone post a few sentence summary of what the decision was?

Pursuant to 19 U.S. Code Section 337
(http://www.usitc.gov/trade_remedy/int_prop/STATUTE.PDF) the U.S.
International Trade Commission (ITC) has the power to exclude products from
the U.S. -- that is, bar their importation at the borders -- that infringe
patents of U.S. companies. Epson, which has nominal production of carts at
an Oregon facility (one of the issues that was lost here), has successfully
complained to the ITC that many third party ink cartridges violate many of
its patents. (The validity of the patents was another issue that was lost
by the few third party cartridge companies that even responded to the
complaint.)

The ITC found that Epson's complaint was valid and ordered that the
cartridges at issue be barred from being imported into the U.S. I'm not
sure how many, if any, third party carts for desktop Epson printers escape
this ruling. The ruling does not become effective until the president signs
off on it.

If we cannot get cartridges to hold the inks, we cannot use third party
inks, such as those sold by MIS and Inkjetmall.

This effort by Epson is, obviously, aimed at eliminating competition for its
inks, which are very profitable for them.

Many of us on this list use third party B&W (and color) inks. Epson's
actions threaten to eliminate our ability to do so.

Although it's a long shot, sometimes these agency decisions are not just
rubber-stamped at the White House.

Under Section 19 U.S.C. 1337(d)(1) relating to exclusion of articles from
entry, if competition and consumers in the U.S. would be damaged by
exclusion, such an order should not be issued. That is what I have argued
in a letter to President Bush is the case here.

The environmental issues are also something that could be considered by the
government at the policy level. So, that is another issue to try and inject
into the mix.

Note that Epson has private remedies available to it for the patent
violations. My argument is basically that the U.S. government should not be
subsidizing an effort by a predominantly foreign company to damage
competition in the U.S. and raise prices to U.S. consumers.

Hope this helps explain what is going on.

Paul
www.PaulRoark.com





Sun Nov 4, 2007 5:09 pm

pr_roark
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Message #88490 of 98557 |
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I have read through all the Epson court posts so far and have yet to find one that simply and clearly explains what the decision was. Google and Google News...
Scott Jones
scottlid
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Nov 4, 2007
4:04 pm

Scott: There are others of us who want that information as well. Joe ... -- Joe Dempsey Communications Co. Suite 2B 121 West 6th Avenue Pine Bluff AR 71601 ...
Joe Dempsey
jpeytondempsey
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Nov 4, 2007
4:11 pm

This is a summary provided on the Epson site: http://itc.epson.com/index.html...
Carl Schofield
scho_2000
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Nov 4, 2007
4:46 pm

... Pursuant to 19 U.S. Code Section 337 (http://www.usitc.gov/trade_remedy/int_prop/STATUTE.PDF) the U.S. International Trade Commission (ITC) has the power...
Paul Roark
pr_roark
Offline Send Email
Nov 4, 2007
5:07 pm

Here is a sample letter, basically what I sent without the personal information: http://paulroark.com/Sample%20letter.zip Be sure to vary the content,...
Paul Roark
pr_roark
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Nov 4, 2007
5:36 pm

Excellent, and very helpful. I think these should also be forwarded as an open letter to as many media outlets as possible. There is nothing to loose in doing...
john dean
deanwork2003
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Nov 4, 2007
5:51 pm

Is it just me or do I already have problems finding empty desktop Epson carts on Ebay.com? Only CIS / CFS seem to remain. ... was?...
the_des_bois
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Nov 4, 2007
6:00 pm

Paul, In reviewing and modifying your letter, I came across a misspelling of the word "severe." You have "sever" which of course is a valid word and would not...
Steve and Ann Taylor
steve_taylor...
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Nov 5, 2007
5:34 pm

Oops. Fixed. Paul www.PaulRoark.com...
Paul Roark
pr_roark
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Nov 5, 2007
6:34 pm

Thanks Paul, since I only use Epson R2400 carts, I didn't understand what was going on at all. Thanks for clearing that up for me. ...
Scott Jones
scottlid
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Nov 5, 2007
4:18 am

"The ruling does not become effective until the president signs off on it." I don't think that's exactly right. I don't believe the president has to sign off...
Brian Ellis
bellis33624
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Nov 4, 2007
5:27 pm

Brian, You're probably right. I have not studied the ITC procedures. I think the most analogous FTC procedure was more like a negative option. Paul ...
Paul Roark
pr_roark
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Nov 4, 2007
5:38 pm

Paul, Was this just an exclusion order on the importation of carts, or did it also cover the "Manufacture of Carts in the US, because if it didn't any one who...
John
charleysfabrics
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Nov 4, 2007
6:21 pm

... It's more than just an exclusion order. There are cease and desist orders also. I have not seen or analyzed all of it/them, but I'm sure it's not going...
Paul Roark
pr_roark
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Nov 5, 2007
5:11 am

... orders ... it's not ... a contact ... more ... Paul, you've been the most help to me on this forum, always gracious and polite. Tell you what I'm going to...
Native Texan Photogra...
hedgpeth_98
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Nov 5, 2007
10:55 pm
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