Epson Requests Partial Termination on Ink Cartridges Investigation

Epson is urging the U.S. International Commission (USITC) to withdraw 19 of its claims on 5 patents as part of ongoing 337 investigation concerning inkjet cartridges.

According to documents seen by RT Media, and filed on behalf of Epson Portland Inc., Epson America, Inc. and Seiko Epson Corporation (collectively, “Epson”), Epson wishes to withdraw the 19 claims on 5 patents because termination is in the public interest as it will save the commission’s time and resources.

On December 23, 2014, Epson filed a complaint against certain respondents alleging 34 claims of five U.S. patents. The recent request reduces the 34 claims down to 15.

The 19 claims on 5 asserted patents Epson wishes to withdraw are:

•Claims 4 of U.S. Patent No. 8,366,233;

•Claims 1, 5, 16, 24, 25, and 28 of U.S. Patent No. 8,454,116;

•Claims 3, 14, 15, 17, 20, 30, 36 and 61 of U.S. Patent No. 8,794,749;

•Claim 13 of U.S. Patent No. 8,801,163;

•Claims 1, 3, and 7 of U.S. Patent No. 8,882,513

This will leave 15 claims on the 5 patents, being:

•Claims 1 and 10 of U.S. Patent No. 8,366,233;

•Claims 9, 14, 18, and 21 of U.S. Patent No. 8,454,116;

•Claims 1, 18, 49, and 60 of U.S. Patent No. 8,794,749;

•Claims 1 and 6 of U.S. Patent No. 8,801,163;

•Claims 14, 15, and 19 of U.S. Patent No. 8,882,513

Epson is pursuing what it claims to be its rights over patent violation damages from the following 17 respondents based on the remaining 15 claims of 5 patents: Aomya Printer Consumables (Zhuhai) Co., Ltd.; Chancen Co., Ltd.; Dongguan OcBestjet Printer Consumables Co., Ltd.; Huebon Co., Ltd.; InkPro2day, LLC; Kingway Image Co., Ltd.; OcBestjet Printer Consumables (HK) Co., Ltd.; Orink Infotech International Co., Ltd.; Ourway Image Co., Ltd.; Shanghai Orink Infotech International Co., Ltd.; Yotat (Zhuhai) Technology Co., Ltd.; Yotat Group Co., Ltd.; Zhuhai Chinamate Technology Co., Ltd.; Zhuhai National Resources & Jingjie Imaging, Products Co., Ltd.; Zhuhai Rich Imaging Technology Co., Ltd.; Zhuhai Richeng Development Co., Ltd.; Zinyaw LLC.

Based upon a Settlement Agreement and Consent Order with Epson signed in July 2015, Zhuhai Nano Digital Technology, Co., Ltd. (China) and Nano Business and Technology, Inc. (USA) have been excluded from the list of respondents.

On December 23, 2014, Epson filed a complaint claiming 19 respondents allegedly infringe its asserted 5 patents. Following its complaint, USITC instituted a 337 investigation on January 21, 2015. On June 18, the ALJ issued No. 9 order (initial determination) granting 17 respondents are in default.

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