Aftermarket Warned About Violating Patents

Remanufacturers have been warned they have become too lazy over some of HP’s inkjet cartridge patents.

According to aftermarket chip manufacturing giant, Apex Microelectronics, “American Customs and Border Protection (CBP) has recently denied the entry of some replacement inkjet cartridges into the United States. These cartridges are used for HP printers and were banned by U.S. International Trade Commission (ITC) “.

According to Ed O’Connor, chair of The Eclipse Group’s litigation department, HP recently obtained a general exclusion order (GEO) by the International Trade Commission (ITC) in case number 337-TA-691. The order prohibits the importation into the United States of products which infringe two HP patents. Those patents are 6, 089, 687 (‘ 687) and 6, 264, 301(‘ 301). The’687 patents is generally referred to as the ink gauge patent, and the’301 patent is generally referred to as the identification or data decoding patent.

After the GEO was issued, several importers of chips into the US have had their patent-infringing chips seized. They were charged that they have literally copied HP chips and the circuitry of these chips has been described in the above patents. Mr. O’Conner warns those companies—who buy chips or products with chips which are patent-infringing and/or violate the GEO—will possibly be charged with patent infringement. Also, they might be charged with damages, including the possibility of treble damages, costs and attorney fees.
As was revealed, Apex has designed cartridge chips, which, its engineers believe, will not infringing the above patents and will not be subject to the GEO.

Mr. Greg Gulliver, lawyer at the Eclipse Group, has concluded that the Apex cartridge chips avoid infringing the ‘687 and the’301 patents. His decision is based on the fact that, which was observed by Apex’s engineers, the Apex designs eliminate certain key patent claim limitations. In order to identify patent infringement, product must contain each and every listed claim limitation declared in the patent claim. Products—featured the elimination of at least one of the claim elements—do not infringe, neither directly, nor under the doctrine of equivalents. Mr. Gulliver is an expert in computer technology, has a degree in computer science in addition to his law degree, and specializes in writing patent applications in computer technology. Therefore, His opinion is crucial.

Further, Mr. O’Conner opines that Apex has designed chips avoiding the involved patents and their related GEO, which can be expected as the major value to this industry. Apex adds that it has opened the door for this industry to purchase and use Apex chips.