SCC Reacts to Aftermarket Win Against Canon
One of the first responses to the April 20 news of Canon’s loss in the U.S. Court of Appeals for the Federal Circuit came from Static Control Components (SCC). Despite not being named as a defendant by Canon in its appeal against the US International Trade Commission (USITC), the North Carolina based company had been heavily involved throughout the case.
The decision comes after oral arguments were heard on April 10 at the U.S. Court of Appeals for the Federal Circuit where Canon had appealed hoping to overturn the March 2019 ruling that held that Static Control and other aftermarket providers did not infringe Canon’s patents.
“We see this as another huge win for the aftermarket,” said SCC’s General Counsel Elizabeth McKee (pictured). “This decision upholds the ruling that Static Control’s products did not infringe the asserted Canon patents.”
Tricia Judge, Executive officer of the International Imaging Technology Council added, “Static Control Components, Inc. had a leadership role in this litigation that could easily be missed because they weren’t a named defendant but saw the need to step up and participate. Elizabeth McKee has been deeply involved in this complicated case and it’s her first big victory since taking over the reins of Static Control’s renowned legal department as general counsel.”
Ken Lalley was also quick to respond to the unanimous decision handed down by the U.S. Court of Appeals for the Federal Circuit. He joined the discussion on social media saying, “The evidence presented was so clear that the court did not find it necessary to issue a formal opinion.”
McKee confirmed what Lalley had said, saying the outcome “was a Rule 36 affirmance, which means the evidence presented to the Federal Circuit was so clear that the Court did not believe it necessary to issue a formal opinion.” She added Static Control will continue to defend the aftermarket and remain vigorous in the defence of designs which do not infringe valid claims of OEM patents.
The company, founded by Ed Swartz in 1987, has endured many legal battles and challenges by the printer OEMs over 30 years as it has always been on the cutting edge of developing and manufacturing non-infringing components that can be used in toner and inkjet printer cartridges.
According to McKee, for Canon to pursue this matter further they would either need to seek review en banc with the Federal Circuit or file a petition for certiori to the United States Supreme Court.