Posts tagged: Ninestar

No Change on First Sale for Patented Cartridges

John Shane
 Apr 4, 2013

Last month, the U.S. Supreme Court, in Kirtsaeng vs. Wiley, ruled that under US law there is international exhaustion regarding copyright under the first sale doctrine. In terms of copyright, products legally sold outside the US exhaust the copyright in the US. However, the large majority of issues related to the cartridge remanufacturing industry are patent related and not copyright. This decision did not impact patents. However, it is the first step that would need to happen in terms of changes in case law that would impact the cartridge remanufacturing industry based on cases known to be coming down the line. From the point of view of patent exhaustion for cartridges, and whether remanufacturers can legally sell remanufactured cartridges in the US when they are made from cartridges that were  first sold outside the US, or whether they need to track the first sale location at all, Wiley was the first case that remanufacturers needed to answer that question.

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Lexmark Files Patent Infringement Suit for Toner Cartridges

Other Posts
 Aug 26, 2010

On August 23, 2010, Lexmark International, Inc. announced that it had filed a patent infringement complaint with the United States International Trade Commission against 24 companies that manufacture, import, and sell replacement cartridges for various Lexmark laser printers and multifunction devices. The following printers are associated with the complaint: T520, T610, T620, T630, T640, E120, E220, E230, E232, E234, E238, E240, E250, E320, E322, E321, E323, E330, E332, E340, E342, E350, E352, and/or E450 laser printer series. Read more »

Canon Sues Ninestar and Others over Toner Patents

Other Posts
 Jun 30, 2010

According to recent news, Canon Inc. (Tokyo), Canon U.S.A., Inc. and Canon Virginia, Inc. filed a 337 complaint on Monday, June 28, 2010, with the U.S. International Trade Commission to investigate whether Ninestar Image International Ltd. and others infringed two patents for a series of toner cartridges that can be used in Canon and Hewlett-Packard printers. Reportedly, Canon has also filed a companion lawsuit in federal court in New York. The ITC complaint (Docket No: 2743) alleges that 20 respondents have unlawfully imported infringing toner cartridges and related products into the United States. Canon would like to block these imports. Read more »

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