Oosterhout - The U.S. lawsuit between Q.I. Press Controls and Quad Tech, Inc., a subsidiary of Quad Graphics, took another step. On March 21, 2011, the Federal Circuit Court of Appeals in Washington, DC affirmed the lower court decision in which the Honourable Eduardo Robreno denied Quad/Tech's request for a preliminary injunction to enjoin the sale of Q.I. Press Controls colour register control technology. The reasons Judge Robreno denied Quad/Tech's request for a preliminary injunction are:
(1) Quad/Tech failed to prove that Q.I. Press Controls' mRC system sold in the United States infringed the Quad/Tech patent "because the term 'image' in the Quad/Tech patent means the actual-printed image excluding registration marks";
(2) The Quad/Tech patent disavowed prior art technology that relied exclusively on registration marks to achieve registration;
(3) The Quad/Tech patent (and specifically Claim 29 of the patent) "covers a system that.. excludes registration marks";
(4) Quad/Tech failed to show a likelihood of success in its effort to prove infringement of the Quad/Tech patent by the mRC system sold in the United States; and
(5) Quad/Tech did not establish the element of irreparable harm, which is required to obtain a preliminary injunction.
Judge Robreno's opinion and the Federal Circuit's opinion can be found online at www.qipc.com under news.
Q.I. Press Controls is pleased with the decisions of Judge Robreno and the Federal Circuit and looks forward to further vindicating itself in court.