Saturday, 16 July 2011

Heiber Patent Licensing V/s ACM Technologies et al.

July 15, 2011: Heiber Patent Licensing (HPL) has sued seven companies for patent infringement in the District Court for the Middle District of Florida Orlando Division. The patents-in-suit are US5223068 (the '068 patent) entitled "Reconditioned and resealed toner cartridge, the method of making the same, and a table saw used in this method" and US5525183 (the '183 patent) entitled "Method and apparatus for reconditioning and resealing a toner cartridge". These patents are famous as "Baley" patents in the IP fraternity. 

Mr. Raymond Baley, the inventor of Baley patents has two more patents, US5676794 (the '794 patent), entitled "Method and apparatus for reconditioning and resealing a toner cartridge", and US5407518 (the '518 patent), entitled "Device for separating a toner cartridge". However, the '794 patent and the '518 patent are not mentioned in the complaint.

This is the third time this year that HPL has sued a company for infringement of these patents. Earlier this year, HPL had sued Uninet Imaging, Inc and Green Project on June 3 for infringement of the same patents. The complaint filed by HPL mentions ACM Technologies, Comptree, Copy Technologies, K&W International Development, Monster Imaging, Rhinotek Computer Products and Wal Group (hereinafter Defendants) as the parties that are liable for Infringement of the patents under 35 USC 271 as each party is involved in the business of selling and distributing re-manufactured toner cartridges. Many companies such as  TD Laser and Oasis Imaging have licensed these patents from HPL.

How will the six defendants pursue the charges brought against them? Will they contest the allegations made against them or will they end up licensing the Baley Patents?

Diagrams from the '068 patent and the '183 patent are provided below:

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