epson discount inkjet printer cartridge lawsuit litigation from courtsThe 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.

Timeline:

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/

Oct 2007: Epson’s Official Warning Of Litigation

Epson Launches Web Page:
http://itc.epson.com/

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?

epson discount inkjet printer cartridge lawsuit litigation from courtsWell, 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):

epson discount inkjet printer cartridge lawsuit litigation from courtsNumber 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 EpsonÂ’'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.)