Ninestar, the well-known Chinese cartridge remanufacturer, has approached the US International Trade Commission (USITC) seeking an opinion about having some of its products excluded from current GEOs.
GEOs, or General Exclusion Orders, are set up to stop infringing products from entering the country following an investigation into printer OEM complaints by the USITC.
A reply was filed by Ninestar on June 1 in response to Epson’s opposition in May to its April request for an advisory opinion.
According to legal documents dated April 26, provided to RT Media, Ninestar Image Tech Ltd., Ninestar Technology Company, Ltd., and Apex Microtech Ltd. (Ninestar) requested the Commission to “issue an advisory opinion that their remanufactured Epson ink cartridges are outside the scope of the GEO and the Cease and Desist Orders of the 565 and 946 Investigations.”
Epson moved quickly to file a response with the USITC on May 8. They urged the commission not to provide an advisory opinion proceeding to Ninestar. “Even if Ninestar’s submission were sufficient,” Epson argued even though they stated their petition was inadequate, “Ninestar and its affiliates have a proven track record of fraudulently violating this Commission’s exclusion and cease and desist orders, including specifically under the guise of importing remanufactured ink cartridges.”
In its most recent June 1 submission to the USITC, Ninestar reminds the commission of the Supreme Court’s May 30 decision which “affects the application of the first sale doctrine in the proposed advisory action and how it simplifies the issues and need for discovery in the proposed advisory action.”
Ninestar is now requesting the commission to take these additional matters into account. In response to Epson’s opposition, Ninestar wishes this new information to be added to their original request for an Advisory Opinion from the USITC.
In May, the Supreme Court of the U.S. issued a ruling that a product’s patent rights are exhausted after the first sale. Further, the ruling takes effect irrespective of where that the first sale was conducted.
US SUPREME COURT ISSUES RULING THAT PATENT RIGHTS ARE EXHAUSTED AFTER FIRST SALE, WHEREVER THAT SALE TAKES PLACE
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