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Epson Court decision; explanation please.   Topic List   < Prev Topic  |  Next Topic >
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#88487 From: "Scott Jones" <peanutdogs@...>
Date: Sun Nov 4, 2007 4:04 pm
Subject: Epson Court decision; explanation please.
scottlid
Offline Offline
Send Email Send Email
 
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 has been no better. I am trying to read between the
lines of all the opinions. Could someone post a few sentence summary of
what the decision was?

Thanks for helping someone who was not in the original loop.




#88488 From: Joe Dempsey <jdempsey@...>
Date: Sun Nov 4, 2007 4:11 pm
Subject: Re: [Digital BW] Epson Court decision; explanation please.
jpeytondempsey
Offline Offline
Send Email Send Email
 
Scott:
There are others of us who want that information as well.
Joe

Scott Jones wrote:
>
>
> 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 has been no better. I am trying to read between the
> lines of all the opinions. Could someone post a few sentence summary of
> what the decision was?
>
> Thanks for helping someone who was not in the original loop.
>
>

--
Joe Dempsey Communications Co.
Suite 2B 121 West 6th Avenue
Pine Bluff AR 71601
Downtown office 870-536-5758
Home office (Best Bet) 870-534-5835
Cell 870-550-0191
http://www.joedempseycommunications.com
http://www.molehillproductions.com
http://www.joedempseyphoto.com





#88489 From: Carl Schofield <list@...>
Date: Sun Nov 4, 2007 4:46 pm
Subject: Re: [Digital BW] Epson Court decision; explanation please.
scho_2000
Offline Offline
Send Email Send Email
 
This is a summary provided on the Epson site:
http://itc.epson.com/index.html

On Nov 4, 2007, at 11:04 AM, Scott Jones wrote:

> 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 has been no better. I am trying to read between the
> lines of all the opinions. Could someone post a few sentence
> summary of
> what the decision was?
>
> Thanks for helping someone who was not in the original loop.




#88490 From: "Paul Roark" <paul.roark@...>
Date: Sun Nov 4, 2007 5:09 pm
Subject: RE: [Digital BW] Epson Court decision; explanation please.
pr_roark
Offline Offline
Send Email Send Email
 
>...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





#88492 From: "Paul Roark" <paul.roark@...>
Date: Sun Nov 4, 2007 5:38 pm
Subject: RE: [Digital BW] Epson Court decision; explanation please.
pr_roark
Offline Offline
Send Email Send Email
 
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, personalize the letter, keep it to one page, be
respectful.



Paul

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





_____



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






[Non-text portions of this message have been removed]




#88494 From: "john dean" <deanwork2003@...>
Date: Sun Nov 4, 2007 5:51 pm
Subject: Re: [Digital BW] Epson Court decision; explanation please.
deanwork2003
Offline Offline
Send Email Send Email
 
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 so. If
they suceed in this I'm afrad it will be open season on everything,
including most large carts and cfs units.

john





--- In DigitalBlackandWhiteThePrint@yahoogroups.com, "Paul Roark"
<paul.roark@...> wrote:
>
> 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, personalize the letter, keep it to one
page, be
> respectful.
>
>
>
> Paul
>
> www.PaulRoark.com <http://www.paulroark.com/>
>
>
>
>
>
> _____
>
>
>
> >...Could someone post a few sentence summary of what the decision was?
>
>
>
>
>
>
> [Non-text portions of this message have been removed]
>





#88495 From: "the_des_bois" <thedesbois@...>
Date: Sun Nov 4, 2007 6:00 pm
Subject: Re: Epson Court decision; explanation please.
the_des_bois
Offline Offline
Send Email Send Email
 
Is it just me or do I already have problems finding empty desktop
Epson carts on Ebay.com? Only CIS / CFS seem to remain.

--- In DigitalBlackandWhiteThePrint@yahoogroups.com, "john dean"
<deanwork2003@...> wrote:
>
> 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 so. If
> they suceed in this I'm afrad it will be open season on everything,
> including most large carts and cfs units.
>
> john
>
>
>
>
>
> --- In DigitalBlackandWhiteThePrint@yahoogroups.com, "Paul Roark"
> <paul.roark@> wrote:
> >
> > 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, personalize the letter, keep it to one
> page, be
> > respectful.
> >
> >
> >
> > Paul
> >
> > www.PaulRoark.com <http://www.paulroark.com/>
> >
> >
> >
> >
> >
> > _____
> >
> >
> >
> > >...Could someone post a few sentence summary of what the decision
was?
> >
> >
> >
> >
> >
> >
> > [Non-text portions of this message have been removed]
> >
>





#88512 From: "Steve and Ann Taylor" <taylorfamily3688@...>
Date: Mon Nov 5, 2007 5:34 pm
Subject: Re: [Digital BW] Epson Court decision; explanation please.
steve_taylor...
Offline Offline
Send Email Send Email
 
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 get flagged by a spell checker. Thanks for providing a framework from
which to begin our own letters.

Steve


On Sun, 04 Nov 2007 09:38:07 -0800, Paul Roark <paul.roark@...>
wrote:

> 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, personalize the letter, keep it to one
> page, be
> respectful.
>
>
> Paul
>
> www.PaulRoark.com <http://www.paulroark.com/>
>
>


--
Using M2, Opera's revolutionary e-mail client: http://www.opera.com/m2/



#88514 From: "Paul Roark" <paul.roark@...>
Date: Mon Nov 5, 2007 6:36 pm
Subject: RE: [Digital BW] Epson Court decision; explanation please.
pr_roark
Offline Offline
Send Email Send Email
 
Oops.  Fixed.

Paul
www.PaulRoark.com


> -----Original Message-----
> From: DigitalBlackandWhiteThePrint@yahoogroups.com
> [mailto:DigitalBlackandWhiteThePrint@yahoogroups.com] On Behalf Of Steve
> and Ann Taylor
> Sent: Monday, November 05, 2007 9:34 AM
> To: DigitalBlackandWhiteThePrint@yahoogroups.com
> Subject: Re: [Digital BW] Epson Court decision; explanation please.
>
> 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 get flagged by a spell checker. Thanks for providing a framework from
> which to begin our own letters.
>
> Steve
>
>
> On Sun, 04 Nov 2007 09:38:07 -0800, Paul Roark <paul.roark@...>
> wrote:
>
> > 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, personalize the letter, keep it to one
> > page, be
> > respectful.
> >
> >
> > Paul
> >
> > www.PaulRoark.com <http://www.paulroark.com/>
> >
> >
>
>
> --
> Using M2, Opera's revolutionary e-mail client: http://www.opera.com/m2/
>
>
> Please visit the Group Homepage to check the Files, and other resources as
> they are often being updated.
>
> http://groups.yahoo.com/group/DigitalBlackandWhiteThePrint
>
> If you wish to receive no emails or just a daily digest, or you wish to
> unsubscribe, please edit your Membership preferences by visiting this same
> page.
>
> Please follow these basic guidelines:
> - As threads develop, trim off excess portions of earlier messages to keep
> them short.
> - Good manners are required at all time. No personal attacks or flames.
> Hostile, aggressive or argumentative users may be removed from the
> membership without notice.
> - Keep your posts and threads related to the group topic of digital B&W
> printing. Users who persistently make off-topic posts may be removed from
> the membership.
> - By posting on this forum you agree to abide by the group rules and
> guidelines, and to abide by the actions and decisions of the group Owner
> and Moderators. See “Group Topic, Rules and Guidelines” in the Files
> section:
> http://groups.yahoo.com/group/DigitalBlackandWhiteThePrint/files/
>
> BY PARTICIPATING IN AND/OR POSTING MESSAGES TO THE DIGITAL BW, THE PRINT
> YAHOO! GROUP YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE “OWNER” AND
> “MODERATORS” OF DIGITAL BW, THE PRINT YAHOO GROUP SHALL NOT BE LIABLE TO
> YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
> EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
> PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE
> “OWNER” AND “MODERATORS” OF DIGITAL BW, THE PRINT YAHOO GROUP HAVE BEEN
> ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE
> OR THE INABILITY TO USE THE DIGITAL BW, THE PRINT YAHOO GROUP; (ii)
> UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii)
> STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE DIGITAL BW, THE PRINT
> YAHOO GROUP; OR (iv) ANY OTHER MATTER RELATING TO THE DIGITAL BW, THE
> PRINT YAHOO GROUP.
>
> Yahoo! Groups Links
>
>
>




#88505 From: "Scott Jones" <peanutdogs@...>
Date: Mon Nov 5, 2007 4:18 am
Subject: Re: [Digital BW] Epson Court decision; explanation please.
scottlid
Offline Offline
Send Email Send Email
 
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.

http://www.ScottJonesPhoto.com




#88491 From: "Brian Ellis" <bellis60@...>
Date: Sun Nov 4, 2007 2:27 pm
Subject: Re: [Digital BW] Epson Court decision; explanation please.
bellis33624
Offline Offline
Send Email Send Email
 
"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@...>
To: <DigitalBlackandWhiteThePrint@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.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




Please visit the Group Homepage to check the Files, and other resources as
they are often being updated.

http://groups.yahoo.com/group/DigitalBlackandWhiteThePrint

If you wish to receive no emails or just a daily digest, or you wish to
unsubscribe, please edit your Membership preferences by visiting this same
page.

Please follow these basic guidelines:
- As threads develop, trim off excess portions of earlier messages to keep
them short.
- Good manners are required at all time. No personal attacks or flames.
Hostile, aggressive or argumentative users may be removed from the
membership without notice.
- Keep your posts and threads related to the group topic of digital B&W
printing. Users who persistently make off-topic posts may be removed from
the membership.
- By posting on this forum you agree to abide by the group rules and
guidelines, and to abide by the actions and decisions of the group Owner and
Moderators. See "Group Topic, Rules and Guidelines" in the Files section:
http://groups.yahoo.com/group/DigitalBlackandWhiteThePrint/files/

BY PARTICIPATING IN AND/OR POSTING MESSAGES TO THE DIGITAL BW, THE PRINT
YAHOO! GROUP YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE "OWNER" AND
"MODERATORS" OF DIGITAL BW, THE PRINT YAHOO GROUP SHALL NOT BE LIABLE TO YOU
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE "OWNER" AND
"MODERATORS" OF DIGITAL BW, THE PRINT YAHOO GROUP HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE DIGITAL BW, THE PRINT YAHOO GROUP; (ii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE DIGITAL BW, THE PRINT YAHOO GROUP; OR (iv) ANY OTHER
MATTER RELATING TO THE DIGITAL BW, THE PRINT YAHOO GROUP.

Yahoo! Groups Links







#88493 From: "Paul Roark" <paul.roark@...>
Date: Sun Nov 4, 2007 5:40 pm
Subject: RE: [Digital BW] Epson Court decision; explanation please.
pr_roark
Offline Offline
Send Email Send Email
 
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

Please visit the Group Homepage to check the Files, and other resources as
they are often being updated.

http://groups. <http://groups.yahoo.com/group/DigitalBlackandWhiteThePrint>
yahoo.com/group/DigitalBlackandWhiteThePrint

If you wish to receive no emails or just a daily digest, or you wish to
unsubscribe, please edit your Membership preferences by visiting this same
page.

Please follow these basic guidelines:
- As threads develop, trim off excess portions of earlier messages to keep
them short.
- Good manners are required at all time. No personal attacks or flames.
Hostile, aggressive or argumentative users may be removed from the
membership without notice.
- Keep your posts and threads related to the group topic of digital B&W
printing. Users who persistently make off-topic posts may be removed from
the membership.
- By posting on this forum you agree to abide by the group rules and
guidelines, and to abide by the actions and decisions of the group Owner and

Moderators. See "Group Topic, Rules and Guidelines" in the Files section:
http://groups.
<http://groups.yahoo.com/group/DigitalBlackandWhiteThePrint/files/>
yahoo.com/group/DigitalBlackandWhiteThePrint/files/

BY PARTICIPATING IN AND/OR POSTING MESSAGES TO THE DIGITAL BW, THE PRINT
YAHOO! GROUP YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE "OWNER" AND
"MODERATORS" OF DIGITAL BW, THE PRINT YAHOO GROUP SHALL NOT BE LIABLE TO YOU

FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE "OWNER" AND
"MODERATORS" OF DIGITAL BW, THE PRINT YAHOO GROUP HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE DIGITAL BW, THE PRINT YAHOO GROUP; (ii) UNAUTHORIZED ACCESS TO OR

ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY

THIRD PARTY ON THE DIGITAL BW, THE PRINT YAHOO GROUP; OR (iv) ANY OTHER
MATTER RELATING TO THE DIGITAL BW, THE PRINT YAHOO GROUP.

Yahoo! Groups Links





[Non-text portions of this message have been removed]




#88497 From: John <charleysfabrics@...>
Date: Sun Nov 4, 2007 6:21 pm
Subject: Re: [Digital BW] Epson Court decision; explanation please.
charleysfabrics
Offline Offline
Send Email Send Email
 
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 can
design and Patent a "Cart or Ink delivery system" in the US that gets arround
Epsons Patents and have it made there would be exempt!!!

See the Reference below from the Statute:

>
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.<

Regards

John_E




----- Original Message ----
From: Paul Roark <paul.roark@...>
To: DigitalBlackandWhiteThePrint@yahoogroups.com
Sent: Sunday, 4 November, 2007 6:09:07 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. 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




[Non-text portions of this message have been removed]




#88506 From: "Paul Roark" <paul.roark@...>
Date: Mon Nov 5, 2007 5:12 am
Subject: RE: [Digital BW] Epson Court decision; explanation please.
pr_roark
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>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 can design and Patent a
>"Cart or Ink delivery system" in the US that gets
>arround Epsons Patents and have it made there would be exempt!!!

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 to be so easy as to just make the violating carts in the U.S.

I'm not sure of the mechanics of enforcement here. I hope to have a contact
with one of the party's attorneys next week. Hopefully I'll have more
information after that.

Paul
www.PaulRoark.com







#88519 From: "Native Texan Photographer" <dhedgpeth@...>
Date: Mon Nov 5, 2007 10:55 pm
Subject: Re: Epson Court decision; explanation please.
hedgpeth_98
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--- In DigitalBlackandWhiteThePrint@yahoogroups.com, "Paul
Roark" <paul.roark@...> wrote:
> 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 to be so easy as to just make the violating carts in the U.S.
>
> I'm not sure of the mechanics of enforcement here. I hope to have
a contact
> with one of the party's attorneys next week. Hopefully I'll have
more
> information after that.
>
> Paul
> www.PaulRoark.com
>

Paul, you've been the most help to me on this forum, always gracious
and polite. Tell you what I'm going to do. If it really gets bad
and you have to move your operation undergroung, and sell your prints
on the street corners and allyways, let me know. Me and a couple of
the boys will come over, and get your back. We'll provide muscle for
your operations, free of charge! Anybody messes with you, they'll be
sleeping with the fishes!

Uncle Dannie




 
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