In an opinion made public on August 5, 2009, Judge E. James Gildea 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 VIM’s illegally infringing plates in the United States.

The company says that the ruling found VIM in clear violation of the Presstek patents, and found that VIM continued to manufacture and sell its infringing products despite knowing, as early as 2004, that the products might infringe Presstek’s patent rights. The judge also found VIM’s manufacturing partner, Hanita Coatings, liable for illegally inducing the infringement of Presstek’s patents.

In April 2009, the regional Court in Dusseldorf, Germany found Presstek’s European patents to be infringed by VIM’s illegal plates. That court ordered VIM, the German distributor Reinsch Handel and the owner of the distributor, Andreas Reinsch, to cease all sales of infringing VIM printing plates.

Commenting on the ITC ruling, James R. Van Horn, Presstek’s general counsel, said, “This ruling in the International Trade Commission represents a total victory for Presstek in its ongoing battle against VIM Technologies and its illegal pirating of our protected technology. We have obtained favorable rulings from two respected tribunals on two continents declaring that VIM’s products illegally infringe Presstek’s valid and enforceable patents. This decision by the ITC should serve as fair warning to all distributors of VIM’s infringing products. Presstek considers the sale of VIM printing plates by any party to be an illegal, intentional and willful violation of our patent rights and we will take all appropriate action to protect these rights and recover damages resulting from this illegal infringement.”

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