Updated: 3-30-08


The Epson Compatible Cartridge:
Banned in the USA.
Having a hard time finding compatible Epson cartridges for your printer? Noticing that prices are increasing?
Well if you have not noticed yet, get ready for higher prices and little to no availability in the very near future. Epson won a big court case in October of last year preventing the import of compatible Epson inkjet printer cartridges, and that decision was just upheld with the expiration of the 60-Day Presidential review period.
Epson has successfully blocked the importation of "patent infringing" cartridges from over 24 companies, and they have recently indicated their willingness to go after resellers as well.
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Timeline: |
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| 2006 |
Feb 2006:
Epson Alleges Ink Infringement http://www.pcmag.com/article2/0,2704,1930528,00.asp |
| 2007 |
April 2007: Epson case against ink vendors moves forward http://www.infoworld.com/article/07/04/05/HNepsoninkcase_1.html May 2007: Ninestar Challenges ITC Determination http://www.rechargermag.com/articles/47835/ Oct 2007: ITC extends date in Epson case http://www.therecycler.com/viewarticle.asp?article=1428 Oct 2007: Going after retailers http://www.rechargermag.com/articles/51904/
Epson Launches Web Page: |
| 2008 | Jan 2008: Exclusion order upheld http://www.rechargermag.com/articles/57412/ |
What does this mean for the industry of 3rd party cartridge solutions for Epson printers?
Well, we think it means several
things.
We are starting to get remanufactured cartridges for the older printers, however the newer models of printers like the CX9450, CX7450 series cartridges are not currently available.
Details of the general exclusion order issued by the ITC (International Trade Commission):
Number 1:
Refilling an infringing cartridge, like an
infringing aftermarket cartridge, still results in another infringing cartridge.
Number 2:
Refilled cartridges that were Epson branded cartridges must have been first
sold by Epson to consumers in the United States. A first sale exception to
patent law allows the resale of refilled patented devices that were first sold
in the United States by the patent holder. Cartridges that were first sold by
Epson to consumers outside the United States and refilled by a third party still
infringe Epson's patents. Epson officials have observed that some suppliers
commingle cartridges first sold by Epson in the United States with cartridges
first sold to consumers outside the United States in identical packaging, so
resellers cannot reliably avoid liability for patent infringement.
Number 3:
The refilling process must be limited to legally permissible repair to
restore the cartridge to usable condition, but the cartridges cannot be
completely reconstructed. Legally permissible repair includes refilling the ink,
resetting the IC chip, removing or covering Epson labels, and repackaging.
Number 4:
Refilled cartridges must be prominently described at point of sale and on
packaging as "refilled” or “remanufactured". Any Epson trademarks must be
removed so consumers cannot be misled into believing that the cartridges were
refilled or approved by Epson.
You can see the above referenced article here:
http://www.rechargermag.com/articles/57412/.
If you would like to read more about the issue, take a
summary look via the links above.
(in order of the proceedings of the case.)
Printer Series Most Urgently affected:
C120 CX4400 CX4450 CX5000 CX6000 CX7000 CX7400 CX8400 CX9400
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