ITC Extends Target Date in Epson Case and
Ninestar Technology Co., Ltd. announced two developments in its challenge to Seiko Epson’s patent enforcement activities in the
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 stated that it is extending its deadline for reaching a decision until October 19, 2007.
Rusong Lu, Chairman of Ninestar 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 requests 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.”