this just in: U.S. PTO Sides With Ninestar
2007-12-20 by Jon Cone
this just in!!!! http://www.rechargermag.com/articles/57003/ <http://www.rechargermag.com/articles/57003/> too early to say exactly the process. but earlier last week EPSON asked for and received a STAY in its current litigation pending outcome of an appeal by NineStar. It would appear on face value that the ITC passed its rule 337 recommendations on a victory by EPSON in litigation in Federal Court over patents of which the US PTO has now just sided with Ninestar that the patents (dealing with chip and ports) are invalid. I'm not an expert on legal issues by any means, but it appears that certain desktop cartridges will now be considered non-infringing that were only recently considered infringing. best regards, Jon Cone U.S. PTO Sides With Ninestar December 20, 2007 NINESTAR PRESS RELEASE: ZHUHAI, China Recently, the United States Patent and Trademark Office has issued an office action, which rejects Seiko Epson's two patents, including claims 1-6, 8-14 and 16-22 of U.S Patent No.6,502,917( the "917" patent) , and claims 1-8,15-17,19-23,26-30,33 and 37-39 of U.S. Patent No. 7,008,053(the" 053" patent), for the reason that the patents applied some prior art and was lack of novelty and creativity. This rejection by U.S. PTO is in response to Ninestar's request to re-examine the invalidity of the patents in September 2007. According to Ninestar, this initial rejection of the "917" patent and "053" patent by the U.S.PTO will raise a question of rationality of the order issued by ITC and create favorable conditions for Ninestar's legal cases in the Federal Circuit Court in the future and for Ninestar to continuously sell its own patented products in the U.S. market. [Non-text portions of this message have been removed]