HP Resolves Ink Cartridge Patent Infringement Complaint
PALO ALTO, Calif., March 18, 2010
HP today announced it has reached substantial resolution on the investigation by the United States International Trade Commission (ITC) into the importation and sale of patent infringing HP 02 inkjet ink cartridges.
The investigation, based on a complaint filed by HP on Sept. 23, 2009, alleged violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of HP 02 compatible inkjet ink supplies that infringed patents asserted by HP.
The ITC investigation identified 11 respondents: Zhuhai Gree Magneto-Electric Co. Ltd. of China; InkPlusToner.com of Canoga Park, Calif.; SmartOne Services LLC d/b/a InkForSale.net of Hayward, Calif.; Comptree Inc. d/b/a Meritline, ABCInk, EZ Label, and CDR DVDR Media of City of Industry, Calif.; Mipo International Ltd. of Hong Kong; Mextec Group Inc. d/b/a Mipo America Ltd. of Miami, Fla.; Shanghai Angel Printer Supplies Co. Ltd. of China; Shenzhen Print Media Co. Ltd. of China; Zhuhai National Resources & Jingjie Imaging Products Co. Ltd. of China; Tatrix International of China; and Ourway Image Co. Ltd. of China.
To date, HP’s ITC complaint has been resolved in the following manner:
InkPlusToner.com and Comptree Ink have all entered into settlement agreements with HP regarding the investigation. These companies have agreed that HP’s patents are valid and infringed and, further, that each company will cease and desist from selling the cartridges in question. These parties also have paid HP an undisclosed sum of money. HP anticipates completion of a settlement with SmartOne Services consistent with the terms above.
The Administrative Law Judge has approved Zhuhai Gree Magneto-Electric Co. Ltd.’s motion to terminate the investigation as to Zhuhai Gree based on entry of a consent order in which it agrees not to engage in the future importation of the relevant products.
The Administrative Law Judge has entered default judgment against the remaining seven respondents. Upon review by the Commission, HP anticipates a satisfactory remedy from the ITC in the form of an Exclusion Order against the products at issue from the accused companies.
“HP is pleased with the outcome on these matters, and remains committed to vigorously pursuing legal enforcement against practices that do not respect HP’s IP rights,” said Stephen Nigro, senior vice president, Inkjet and Web Services Business, Imaging and Printing Group, HP.
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This news release contains forward-looking statements that involve risks, uncertainties and assumptions. If such risks or uncertainties materialize or such assumptions prove incorrect, the results of HP and its consolidated subsidiaries could differ materially from those expressed or implied by such forward-looking statements and assumptions. All statements other than statements of historical fact are statements that could be deemed forward-looking statements, including but not limited to statements of the plans, strategies and objectives of management for future operations; any statements concerning expected development, performance or market share relating to products and services; any statements regarding anticipated operational and financial results; any statements of expectation or belief; and any statements of assumptions underlying any of the foregoing. Risks, uncertainties and assumptions include macroeconomic and geopolitical trends and events; the execution and performance of contracts by HP and its customers, suppliers and partners; the achievement of expected operational and financial results; and other risks that are described in HP’s Quarterly Report on Form 10-Q for the fiscal quarter ended January 31, 2010 and HP’s other filings with the Securities and Exchange Commission, including but not limited to HP’s Annual Report on Form 10-K for the fiscal year ended October 31, 2009. HP assumes no obligation and does not intend to update these forward-looking statements.
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