The OEM has filed three new lawsuits against internet resellers on Amazon Marketplace.
In a press release, the OEM stated that the actions continue its “efforts to promote fair competition among internet marketplace merchants”, and that the three cases relate to “patent-infringing marketplace merchants”. The suits were filed by Epson America, Epson Portland and Seiko Epson on 3 March in the US District Court in Portland, Oregon, and were filed against Gaea Supplies Corp, OW Supplies Corp and Smart and Eazy Corp, and Ta Trix USA Inc.
All three complaints “allege infringement of claims” from US patents 6,502,917 and 8,794,479, with these “specific patent claims” said to have been “already adjudicated as valid and enforceable in two well-publicised actions” at the United States International Trade Commission (USITC), resulting in two General Exclusion Orders (GEOs) that “bar importation of all newly-built and remanufactured cartridges that infringe the claims”.
The OEM added that the merchants named are “selling on the Amazon Marketplace”, and that the suits “supplement” four others filed late last year that “similarly allege extensive sales of patent-infringing cartridges and seek permanent injunctions against further infringements and monetary damages”.
Epson also pointed out that it maintains a website at itc.epson.com to “provide US importers and distributors with updated information” about both the USTIC action and “related US District Court lawsuits”, alongside a list of USITC seizure-and-forfeiture orders and “helpful information about the legal requirements for refilled or remanufactured cartridges”.
Jilana Miller, Associate General Counsel for Epson, commented: “As part of a comprehensive enforcement programme, Epson continues to file lawsuits against internet resellers who persist in selling infringing cartridges despite widespread publicity of the General Exclusion Orders and Epson’s enforcement activities.
“We are seeing considerable voluntary compliance and strongly suggest that resellers who continue to sell compatible and remanufactured cartridges on internet marketplaces seek patent counsel to ensure they are not infringing Epson’s patents and violating the General Exclusion Orders.”