VIM Disputes Presstek "Victory"

GREENWICH, CT—Digital offset printing solutions provider Presstek Inc. said that the International Trade Commission (ITC) has determined that VIM Technologies has violated U.S. Federal law by importing into the United States printing plates that infringe upon patents owned by Presstek.

In its finding, according to Presstek, the ITC affirmed the July 24, 2009, decision of Judge James Gildea, who ruled that Presstek’s patents for its printing plate technology are valid and enforceable and that VIM has been infringing Presstek’s legally protected rights by importing and selling these plates in the United States.

Not so fast, according to VIM, which claims the ITC has not made its final determination. The ITC has requested that the parties submit briefs addressing the remedy, if any, to be imposed, VIM reported. The defendant claims there is no order or injunction against VIM, and that it may continue to import its digital printing plates into the United States, and consequently, VIM's U.S. distributors may continue to sell those plates to their customers.

VIM said it intends to appeal the final determination of infringement, as well as the ITC's construction of the asserted patent claims, to the United States Court of Appeals for the Federal Circuit.