Ricoh Prevails in Patent Infringement Case; Richard Kelly of Oblon, Spivak Obtains Summary Judgment

August 16, 2005 – Firm News


August 17, 2005

Ricoh Prevails in Patent Infringement Case

Richard Kelly of Oblon, Spivak Obtains Summary Judgment for Ricoh

Alexandria, Va. – A district judge in the U.S. District Court, District of New Jersey, has issued a partial summary judgment ruling that patents held by photocopying machine manufacturer Ricoh Corp. are infringed and not invalid. The ruling held that defendants General Plastics Industrial Co., Ltd., Katun Corporation and Nashua Corporation are liable for infringement of six Ricoh patents based upon their manufacture and sale of toner bottles for use in Ricoh photocopiers.

Judge William H. Walls denied defendants’ motion for invalidity and granted Ricoh's motion that Katun's lid and GPI's old and new lids infringe its patent (U.S. 6,075,963, or the '963 patent). In addition, Judge Walls also granted Ricoh's summary judgment motion that the patent was not invalid. The patents-in-suit derive from the same patent application. Judge Walls also provided his construction of the disputed claims. With regards to the disputed claims of the '963 patent, Judge Walls' claim construction was favorable to Ricoh and allowed him to rule in Ricoh's favor on infringement.

“We are very pleased that these rulings have removed the barriers that have effectively stayed this case, and we are expecting further success in the patent liability phase,” said Richard D. Kelly, a senior partner at Oblon, Spivak, McClelland, Maier & Neustadt, P.C., and the lead litigator for Ricoh. The Firm was assisted by Lanny Kurzweil of McCarter & English of Newark, NJ, during the trial.

That same week, Kelly also obtained a favorable jury verdict of $43.7 million in patent infringement damages and prejudgment interest for client Asahi Glass Company, Ltd., and its subsidiary AFG Industries, Inc. Kelly is a partner in the firm's Litigation Department and a member of the firm's Board of Directors. In addition to litigation, he actively counsels clients in all aspects of intellectual property matters. In addition to district court experience, he practices extensively before the International Trade Commission. He also has extensive patent prosecution and patent interference experience.

Assisting clients for more than 35 years, Oblon, Spivak, McClelland, Maier & Neustadt, P.C., in Alexandria, Va., is one of the largest intellectual property specialty firms in the United States. The firm provides a full range of intellectual property services, including litigation matters in all courts. The firm also continues to have a significant trademark, copyright and patent interference practice.