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Only the First, Ltd. v. Seiko Epson Corp.

September 29, 2010

ONLY THE FIRST, LTD., PLAINTIFF,
v.
SEIKO EPSON CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Judge Robert M. Dow, Jr.

MEMORANDUM OPINION AND ORDER

Plaintiff Only The First, Ltd. ("OTF") has sued Defendant Seiko Epson Corporation ("SEC") for infringement of United States Patent No. 7,058,339 (the "'339 patent"). On July 8, 2009, the Court issued its Memorandum Opinion and Order [122] construing the disputed claim terms in the '339 Patent ("Claim Construction Order"). Currently before the Court is SEC's motion for summary judgment of non-infringement of the '339 patent [138]. For the reasons stated below, SEC's motion for summary judgment is granted.

I. Background

The Court takes the relevant facts primarily from the parties' Local Rule ("L.R.") 56.1 statements*fn1 SEC's Statement of Facts ("Def. SOF") [139], OTF's Response to SEC's Statement of Facts and Statement of Additional Facts ("Pl. SOF") [146], and SEC's Response to OTF's Statement of Additional Facts ("Def. Resp.") [159].

The '339 patent, entitled "Printing System," relates to a color printing system and devices and elements useful in that system. The abstract for the '339 patent describes the invention as:

A color printing system comprising a combination of at least four, and preferably six coloring materials, each of a different color, wherein these colors are selected from (1) an orange-red; (2) a violet-red; (3) a violet-blue; (4) a green-blue; (5) a green-yellow; and (6) an orange-yellow; as well as white and black. This system may be incorporated into a wide range of printing devices and provides a means of achieving a wide range of colors. '339 Patent, Abstract. OTF has accused SEC's Epson Stylus Photo R800 and R1800 printers and their compatible Epson ink cartridges (collectively, the "Accused Products") of infringing claims 2, 4, 5, 7, 12-14, 16-18, 22, 26 and 27 of the '339 Patent ("Asserted Claims"). Def. SOF ¶ 6.

Claim 2 of the '339 Patent is an independent claim which reads as follows: A color printing system comprising a combination of six coloring materials, which are

(1) an orange-red;

(2) a violet-red;

(3) a violet-blue;

(4) a green-blue;

(5) a green-yellow; and

(6) an orange-yellow and wherein one of said colors is optionally replaced by black or white, or wherein any color other than (3) is optionally replaced by dark orange.

'339 patent, col. 12, ll. 28-38. Claims 4, 5, 7, 12-14, 16-18, and 22 depend from and include each of the limitations of claim 2 of the '339 Patent. Def. SOF ¶ 8. Claim 26 of the '339 Patent is an independent claim which reads as follows:

A method for producing a color print, said method comprising printing onto a substrate, a combination of six coloring materials, which are

(1) an ...


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