Independent Ink, Inc. v. Trident, Inc.

ORDER

1) DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

2) GRANTING DEFENDANTS’ MOTION FOR PARTIAL SUMMARY JUDGMENT

I. FACTS

Independent Ink, Inc. (“Plaintiff’) is a distributor and supplier of printer ink and ink products. Trident, Inc. (“Trident”) and Illinois Tool Works, Inc. (“ITW”) (collectively, “Defendants”) manufacture: 1) a patented piezoelectric ink jet printhead, the first of its type; 2) a patented ink container, consisting of a bottle and a valved cap, that attaches to the printhead; and 3) ink specially formulated for use in Trident’s printhead system. Original equipment manufacturers (“OEMs”) use Defendants’ printhead system to manufacture printers that print bar codes on corrugated materials and kraft paper. These printers are then sold through a network of distributors to end users, usually large product manufacturers, who use the printers to place bar codes on their cartons.

Trident licenses its patented products to OEMs as a package. Trident’s license allows OEMs to “manufacturer, use and sell equipment employing and including ink jet printing devices supplied by Trident when used in combination with ink and ink supply systems supplied by Trident…