The OEM and the remanufacturer have settled their long-lasting legal battle, bringing the court case to an end, with both parties agreeing to a settlement.
The Recycler has seen court papers revealing that the U.S. International Trade Commission will not review “an initial determination (“ID”) (Order No. 6) granting a joint motion to terminate the consolidated advisory opinion […] based on a settlement agreement. The consolidated advisory opinion proceeding is terminated.”
This decision, which took the form of an official notice served on 8 December 2017, follows on from the jointly filed termination request which both parties submitted to the Commission in November 2017.
The joint request stated that “Epson and Ninestar mutually desire to settle and compromise the disputes between them relating to the AO Proceeding”.
With the decision of the Commission not to review the initial determination, the dispute, which began when the Commission instituted Inv. No. 337-TA-565 on March 23, 2006, based on a complaint filed by Epson, has finally come to a conclusion.
The initial complaint had “alleged violations of section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, by reason of infringement of certain claims of U.S. Patent Nos.,” and kick-started a chain of well-documented legal actions on the part of both Epson and Ninestar.
