-based on an article by Lana Birbrair, www.law360.com, 01/23/012

The battle between the two companies, finally reaches truce over the alleged patent infringement of Ninestar on Epson patents on ink technology. The settlement will end all civil litigation currently pending between the companies and their subsidiaries over Ninestar's new and remanufactured ink cartridges, which Epson alleged infringed its patented printer technology

While Ninestar did not admit to any infringement, it agreed to stop selling any of its allegedly infringing products.  The company will continue to sell its legally remanufactured cartridges.

This settlement comes as a big sigh of relief for Epson who have been battling this case since 2006.  According to Harold A. Barza ofQuinn Emanuel Urquhart & Sullivan LLP, an attorney for Epson, “Epson is very pleased to have brought to a successful conclusion what has been a long and very contentious battle between it and Ninestar."

The patents-in-suit are U.S. Patent Numbers 5,156,472; 5,158,377; 5,221,148; 5,488,401; 5,615,957; 5,622,439; 6,193,364; 6,502,917; 6,550,901; 6,550,902; 6,916,089; 6,948,804; 6,955,422; 7,008,053; and 7,011,397.

The case is Seiko Epson Corp. et al. v. Glory South Software Manufacturing Inc. et al., case number 3:06-cv-00477, in the U.S. District Court for the District of Oregon.  The case is In the Matter of Certain Ink Cartridges, case number 337-TA-565, in the U.S. International Trade Commission.

Epson is represented by Schwabe Williamson & Wyatt PC and Quinn Emanuel Urquhart & Sullivan LLP. It is represented in the ITC proceedings by Adduci Mastriani & Schaumberg LLP. 

Ninestar is represented by Mei & Mark LLP, the Eclipse Group LLP and Parsons Farnell & Grein LLP. Ninestar is represented in the ITC proceedings by Finnegan Henderson Farabow Garrett & Dunner LLP.