Intelelctual Property Issues dog the Imaging Supplies Industry

Since late last year the industry has been in turmoil, largely due to the number of lawsuits issued by Epson. In the UK several companies received suits alleging patent infringement. The patent situation is a total minefield – (Incartek has done some work on it). It is beyond the budget of any company even to keep pace with all of the patents which are filed. Many are filed, we believe for the wrong reasons – some blatantly full of prior art.

Then there was the Class 337 action in the USA where 24 companies were attacked – some US companies, some US subsidiaries or associates of Chinese or European companies – and some non-resident.

In the solid ink supplies Xerox and Media Sciences are at loggerheads. Media Sciences considers Xerox's conduct a violation of their 2001 settlement, agreed after a litigation initiated by Media Sciences in 1999.

And HP has been after some retailers selling cartridges where they allege that the ink used violates its patents.

The aftermarket industry is fighting back. In the US there is the Class Action suit – for users who complain that Epson cartridges are registering empty when there is still unused ink.

ETIRA – the European Toner and Inkjet Remanufacturers’ Association is responding by emphasising the quality and the environmental benefits of the alternative products.
Here is a précis of some of their claims

Top-quality: Cartridges bought from an ETIRA-member are 100% reliable Original cartridges are often more expensive per liter than vintage champagne.....

You do not need to pay a fortune to get top-quality cartridges: if you buy from an ETIRA-member you are sure to get a top-quality product for a reasonable price.

For obvious reasons, some Original Equipment Manufacturers (OEM’s, our competitors) tend to argue that non-original cartridges are less reliable. But many independent studies, consumer surveys etc, published during the last few years prove that non-originals are as good as (and sometimes even better than!) the original product! And this conclusion is logic: each ETIRA Member has his own certified product/service quality system. And often they also apply one or more of the schemes referred to below.


DIN

DIN is short for Deutsche Industrie Norm, the worldwide renowned German institute for standardization. DIN has elaborated several standards for remanufactured toner and inkjet cartridges. DIN standards 33870, 33871 and can be obtained from DIN, please refer to www.din.de.

DIN 33871-1– gives the requirements and tests for the preparation of refilled toner cartridges. Several ETIRA members apply DIN standards in their production process. A similar standard for inkjet is under development.

STMC

STMC stands for the Standardized Test Methods Committee. This global committee formed to find and promote standardized test methods for the printer cartridge industry. Tests do not specify how a cartridge must perform; they only measure it.
ASTM International (American Society for Testing and Materials), is an independent, organization of volunteers that work under very strict rules that force objectivity to write test methods. STMC and ASTM are not one and the same thing. The STMC has accepted several ASTM International test methods as well as ISO, ISTA, and ANSI test methods.

A company that is STMC certified is one that has had their employees successfully trained by an authorized trainer in these test methods, attests to using these test methods, and has purchased the correct test equipment.

BLUE ANGEL

Blue Angel promotes the concerns of both environmental protection and consumer protection. Therefore it is awarded to products and services which are particularly beneficial for the environment in an all-round consideration and which also fulfil high standards of occupational health and safety and fitness for use Several ETIRA members have obtained the blue angel accreditation for their toner products

NORDIC SWAN

The Swan is the official Nordic ecolabel, introduced by the Nordic Council of Ministers. The Swan logo demonstrates that a product is a good environmental choice. The criteria for toner cartridges can be found on the website of Nordic Swan. Companies applying for a licence to use the Swan label must provide results from independent testing to prove that the criteria have been met.

Daniel Roberts
Incartek

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