In its petition, Ninestar has explained the clear legal errors committed by Judge Luckern in concluding that Ninestar's proprietary ink cartridge products were within the scope of Epson's patents. A decision by the Commission as to whether it will review, reject or accept the administrative law judge's recommendation is expected by May 15, 2007. Until then, the initial determination has no legal effect. Ninestar remains confident in the strength of its legal and technical position.
Nothing could be further from the truth. While Nectron has acknowledged in a document filed in the ITC that its accused product line infringes the Epson patents and has agreed to cease and desist from supplying its customers with these products in the future, Ninestar remains committed to defending its innovative and self-designed products from unjustified and expansive infringement claims by Epson. Ninestar thus remains committed to continuing to offer its customers non-infringing products and unlike Nectron, and others, has stood up to the threats and demands made by Epson in an effort to shut down the marketplace. Ninestar's products can be purchased with comfort that Ninestar remains confident that its legal position will be upheld.
