Presstek Announces Victory in Patent Infringement Case Against VIM Technologies
Press release from the issuing company
Judge Recommends That VIM U.S. Imports Be Blocked at the U.S Border by Customs; Judge Finds That the Accused VIM Distributors Are Subject to Infringement Ruling
GREENWICH, CT -- Presstek, Inc., a leading manufacturer and marketer of digital offset printing business solutions, today announced that it has prevailed in a critical ruling by an Administrative Law Judge of the International Trade Commission ("ITC") in the Company's patent infringement case against Israeli-based VIM Technologies, Ltd. In an opinion made public on August 5, 2009, Judge E. James Gildea ruled that Presstek's patents for its printing plate technology are valid and enforceable and that VIM has been infringing Presstek's legally protected rights by importing and selling VIM's illegally infringing plates in the United States. The Company said that it expects the ITC to confirm the judge's ruling within the next few months by banning the importation of VIM's illegal printing plates into the United States.
The Company said that the ruling found VIM in clear violation of the Presstek patents, and also found that VIM continued to manufacture and sell its infringing products despite knowing, as early as 2004, that the products might infringe Presstek's patent rights. Judge Gildea also found VIM's manufacturing partner, Hanita Coatings RCA, Ltd., liable for illegally inducing the infringement of Presstek's patents and determined that the other respondents to the ITC proceeding, including Spicer's Paper, Inc., Guaranteed Service and Supplies, Inc., Recognition Systems, Inc. and AteCe Canada should be banned from importing and selling the infringing VIM products in the United States.
The ruling by the ITC Administrative Law Judge represents the second courtroom victory by Presstek in its patent infringement battle with VIM. In April 2009, the Regional Court in Dusseldorf, Germany found Presstek's European patents to be infringed by VIM's illegal plates. The Court ordered VIM, the German distributor Reinsch Handel and the owner of the distributor, Andreas Reinsch, to cease all sales of infringing VIM printing plates. The German court ruled that VIM is liable to Presstek for damages, including damages relating to all VIM plate sales in Germany dating back to 2003. VIM has appealed this decision, but Presstek is confident it will prevail on appeal.
In commenting on the ITC ruling, James R. Van Horn, Presstek's General Counsel, said, "This ruling in the International Trade Commission represents a total victory for Presstek in its ongoing battle against VIM Technologies and its illegal pirating of our protected technology. We have obtained favorable rulings from two respected tribunals on two continents declaring that VIM's products illegally infringe Presstek's valid and enforceable patents. This decision by the ITC should serve as fair warning to all distributors of VIM's infringing products. Presstek considers the sale of VIM printing plates by any party to be an illegal, intentional and willful violation of our patent rights and we will take all appropriate action to protect these rights and recover damages resulting from this illegal infringement."
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