Epson Awarded $17 Million Judgement Against 123Inkt, Worf

Epson announced today that Epson America, Inc., Epson Portland Inc. and Seiko Epson Corp. obtained a $17 million default judgment against InkJet2U LLC and Worf Corporation, for selling millions of cartridges that infringed Epson patents on Amazon and eBay marketplaces.

Epson also filed two new ink-cartridge patent-infringement complaints against Straightouttaink, LP and its general partner, Nahn Ho, and against Vintrick Inc and its president, Xiaodong Hu.

Straightouttaink sells on eBay and its own website, and Vintrick sells on Amazon, eBay, and Newegg. The complaints allege infringement of claims from U.S. Patent 6,955,422, U.S. Patent 8,794,749, and U.S. Patent 8,454,116. These patent claims were previously adjudicated in well-publicized actions filed with the U.S. International Trade Commission (“ITC”), resulting in two General Exclusion Orders barring the importation of all newly built and remanufactured cartridges that infringe the claims.

Epson says these two additional lawsuits underscore its continued commitment to promoting fair competition, particularly on internet marketplaces. Epson’scampaign is focused on protecting Epson’s intellectual property and ensuring that legitimate resellers can compete fairly for sales of printer supplies for Epson printers.

“We are encouraged that Epson’s enforcement programs have resulted in compliance on top internet marketplaces, which largely sell consumer and business inkjet printer cartridges,” said Jilana Miller, assistant general counsel for Epson. “However, we continue to address the persistent culture of infringement and unfair competition perpetrated on internet marketplaces and through other channels.”

Epson has a long history of vigorous legal action to protect the company, consumers and legitimate resellers from unfair competition. These two recent lawsuits supplement Epson’s earlier enforcement efforts and allege extensive sales of patent infringing cartridges and seek permanent injunctions against further infringements and monetary damages.

Epson’s enforcement program includes a broad range of efforts to reach infringers throughout the distribution and sales channels:

  • Two ITC actions resulting in the -565 and -946 General Exclusion Orders that prohibit all imports into the U.S. of a wide range of infringing cartridges for Epson consumer inkjet printers, business inkjet printers, and large format professional printers.
  • Since November 2016, Epson has filed 19 patent infringement lawsuits against 42 internet marketplace resellers and large format printer cartridge resellers infringing Epson’s patents and violating the General Exclusion Orders.
  • Frequent enforcement takedowns against intellectual property infringements and trademark misuse through the brand protection programs administered by eBay and Amazon.
  • Notice and communications programs to encourage fair competition by informing resellers of Epson’s intellectual property rights and the procedures for accurately and fairly listing printer supplies for marketplace sales.

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