Information for Importers and Resellers
The U.S. ITC Action Relating to Cartridges for Epson Printers
The Legal Requirements For Importing Ink Cartridges For Epson Desktop Printers Were Changed Drastically By ITC Orders Issued October 19, 2007.
US Customs Has Issued Certification Requirements for Ink Cartridge Importers
On October 19, 2007 the U.S. International Trade Commission ("ITC") issued a Final Determination that confirmed that all of the more than 750 accused cartridges for Epson inkjet printers infringe one or more of eleven Epson patents. The ITC issued a General Exclusion Order prohibiting all importers from importing infringing cartridges and Cease and Desist Orders that prohibit the named respondents from selling cartridges imported before the ITC Order. U.S. Customs and the ITC are now enforcing these Orders because they were not modified by President Bush during the sixty day Presidential Review Period.
U.S. Customs has issued a Certification that requires importers of ink cartridges to declare under penalty of perjury that they are knowledgeable regarding the ITC Orders and that the cartridges they seek to import are not excluded from importation. There are special requirements to certify that refilled cartridges do not infringe.
In addition to the ITC actions, Epson filed U.S. District Court lawsuits against the same twenty-four companies named in the ITC action and a second lawsuit against resellers that continue selling infringing cartridges.
Epson has created this website to assure that importers and resellers are not caught unaware of the regulations that took effect due to the ITC Orders.