It will be another month before the U.S. International Trade Commission makes its decision in the Epson vs. Ninestar case.
The ITC has extended the timeframe for completion of its investigation in the ongoing complaint by Seiko Epson, which alleges patent infringement of certain ink cartridges being imported and sold in the U.S. The new target date is October 19.
The ITC initially set a date of Sept. 21 for completion of its investigation when, back in June, it ordered a review of an initial determination rendered by an administrative law judge (ALJ) finding that the ink cartridges in question violated section 337. According to court documents, “three claim construction issues and related infringement findings, as well as the ALJ’s findings with respect to non-obviousness of the asserted claims of certain patents,” are being reviewed.
Following the judge's initial determination on March 30, Ninestar identified to the Commission numerous errors in that initial determination. Ninestar requested that the Commission review and reverse those errors. Upon the U.S. Supreme Court's landmark decision in KSR International Co. v. Teleflex Inc. (April 30, 2007), Ninestar also requested that the Commission review validity of certain Epson patents in light of KSR's lower standard for obviousness.
ITC Extends Target Date in Epson Case and U.S. Patent Office Orders Reexamination of Epson Patent
Ninestar Technology Co., Ltd. announced today two developments in its challenge to Seiko Epson's patent enforcement activities in the United States. Ninestar has challenged Epson's ink cartridge patents in proceedings before the United States International Trade Commission ("ITC") and the United States Patent and Trademark Office ("USPTO").
Previously, the ITC issued an order declaring that it will review the initial determination rendered earlier this year by an administrative law judge in the Epson ink cartridge investigation. The Commission will be reviewing issues of claim interpretation, infringement and validity of Epson patents. A decision based on its review of these issues was expected to be rendered by the ITC on September 21, 2007. However, in a September 17, 2007 notice, the ITC has stated that it is extending its deadline for reaching a decision until October 19, 2007. Rusong Lu, Chairman of Ninestar has stated "We are pleased that the ITC has taken additional time to review the many issues that we have raised concerning the interpretation and validity of the Epson patents. We are confident that the Commission will thoroughly scrutinize Epson's improper claims and positions."
In a second development, Ninestar revealed that on September 11, 2007, the USPTO issued a notice that it will be reexamining the validity of one of the Epson patents involved in the ITC case, U.S. Patent No. 7,008,053. The reexamination of the '053 Patent is based upon a request for reexamination filed by Ninestar in August. Ninestar has filed requests for reexamination of three other Epson ink cartridge patents involved in the ITC case, but no decision on these other three request has yet been received from the USPTO.
Mr. Lu commented, "We are gratified that the Patent Office has agreed with our request that the validity of the Epson '053 Patent be reexamined. We believe that upon reexamination, the USPTO will conclude that the claims of the '053 Patent are invalid. We look forward to favorable action by the USPTO on the other three requests we have filed."
