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

www.PaulRoark.com <http://www.paulroark.com/>





_____

From: DigitalBlackandWhiteThePrint@yahoogroups.com
[mailto:DigitalBlackandWhiteThePrint@yahoogroups.com] On Behalf Of Brian
Ellis
Sent: Sunday, November 04, 2007 6:27 AM
To: DigitalBlackandWhiteThePrint@yahoogroups.com
Subject: Re: [Digital BW] Epson Court decision; explanation please.



"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 on it in the sense of actually taking some affirmative action
before it takes effect. If the president does nothing during the 60 day
period following the date of the ruling then I think the ruling
automatically takes effect. The president can stop it from taking effect
during the 60 day period but unless he does so it will take effect without
his doing anything. I could be wrong, I don't have the statute in front of
me, but I think that's what it says.

And I realize that by using the word "president" I'm inviting another
barrage of off-topic hostility directed at George Bush but please note that
neither this message nor the statute refers to George Bush by name. Both
simply refer to "president," which could be any president past, present, or
future.

----- Original Message -----
From: "Paul Roark" <paul.roark@verizon. <mailto:paul.roark%40verizon.net>
net>
To: <DigitalBlackandWhit
<mailto:DigitalBlackandWhiteThePrint%40yahoogroups.com>
eThePrint@yahoogroups.com>
Sent: Sunday, November 04, 2007 12:09 PM
Subject: 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. <http://www.usitc.gov/trade_remedy/int_prop/STATUTE.PDF>
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

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