Lexmark confirms settlements in ITC action

02/2011

After the recent news that both Print-Rite and Ninestar had settled, as well as the announcement yesterday that a number of smaller defendants had defaulted in the case, the OEM officially released its own statement confirming the settlements.

 

The company stated: "Lexmark International, Inc. announced today that it has reached settlements with Alpha Image Tech, E-Toner Mart, Inc., Nano Pacific Corporation, Ninestar Image Co. Ltd., Ninestar Image International, Ltd., Ninestar Technology Company, Ltd., Print-Rite Holdings Ltd., Seine Image International Co. Ltd., Union Technology International (M.C.O.) Co. Ltd., and Ziprint Image Corporation (the "Settling Parties") in connection with patent litigation pending in the U.S. International Trade Commission (ITC) and the U.S. District Court for the Southern District of Ohio."

 

A number of the companies confirmed to have settled with Lexmark included defendants that as of yesterday were still engaged in the action. These included independent parties Alpha Image Tech and E-Toner Mart, Inc., as well as Print-Rite subsidiary Union Technology International, though the Jahwa group of companies appears to still be part of the OEM’s action.

 

The action had come about after Lexmark alleged that the companies in question were infringing its patent rights by manufacturing, importing and selling infringing toner cartridges in the US market.

 

A key part of Lexmark’s statement was that “the Settling Parties will not oppose Lexmark's efforts to secure an order from the ITC banning future importation of infringing cartridges”. This means that effective from the settlement, the companies cannot import infringing products into the United States market.

 

The settlement comes after over half a year’s worth of developments, beginning with Lexmark starting the action in August 2010.