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RE: [Digital BW] Epson files lawsuits against cartridge resellers

2006-02-24 by Paul Roark

> Or maybe we should begin thinking about moving away
> from Epson 

To what platform?  The reason we use Epson is that they are the only ones
that can pump the higher viscosity inks needed to hold the pigments in
suspension.  Their patent on that head gives them market power in this
market.  If there were alternatives to the printers, their actions in the
cart market would be self-defeating.

>(wouldn't want to use the term boycott),

I believe consumer boycotts are not illegal.  

> but Epson is the thousand pound gorilla in the
> industry ...

Exactly.  They have what is called "market power."  That is one of the
elements of an illegal tie and other related causes of action.  The market
definition has to be limited to pure pigment (no dye) desktop inkjet
printers for this to hold.  

>  This quote is from an earlier PC World article - "The
> lawsuits are not an effort to stamp out the
> third-party cartridge market

This is just a self-serving statement by them.  The actions are what we need
to keep an eye on.

Also, their target is not third party cart makers.  It's the third party ink
sellers.

> and are aimed only at
> companies that have infringed Epson's patents, ...

That raises the question of what, if any, cartridge companies are not
targets. 

If there are patents that are being violated, why not sue those companies?
What's with the petition to the International Trade Commission?
 
> ... because a company is protecting its intellectual property?
> ...  If they have a patent on it, they should be
> protected for the term and scope of the patent; simple enough. and the
> courts will decide for those choosing not to settle.

I'm most interested in what they are trying to get the ITC to do.  I think
we have an interest to be sure the US government doesn't get suckered into
helping Epson suppress competition in this country.  We might actually be
able to stop that.

Along those lines, does anyone know where we can get copies of the EU
finding that the chips were an illegal tie?  (I think the EU found that.)

Paul
www.PaulRoark.com

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