EXCLUSIVE: £1 million High Court patent case hangs over West Somerset employer

AN award-winning former Watchet company is jointly facing a landmark High Court action against it with the potential for damages and costs of greater than £1 million if the case was lost.
Choice Stationery Ltd, which was based at the Smithyard, just outside Watchet, and has since relocated to Taunton, is part of the Choice Media Group which used to own Quaywest Radio.
The company expects to be in court for a trial which has been set for next June, when it will defend an action brought against it by ink cartridge manufacturer Seiko Epson Corporation.
Whichever way the case goes, the result will have major implications for the way ‘compatible ink cartridges’ are produced and sold by UK firms such as Choice Stationery.
Seiko Epson Corporation has filed allegations of a total of 10 patent infringements by Choice and two other firms, Medea International Ltd and Ebuyer (UK) Ltd.
The corporation filed its first case against the trio in February, 2006, but has since settled out of court with Medea in respect of the six specific allegations within the legal action.
It is still pursuing Choice and Ebuyer for what it says are ‘patent infringements caused by their dealings in certain ink cartridges which are compatible with Epson printers’ and this is expected to reach the stage of a trial in June, 2009.
Seiko began a second case against Choice, Medea, and Ebuyer regarding a further four similar allegations in October of last year.
Choice produces its own brand of compatible ink cartridges, called Think, which it says offers 80 per cent savings on manufacturers’ originals.
In 2005, it introduced the ThinkPlus cartridge in an apparent bid to head off possible legal action by Seiko Epson.
Choice said at the time the new cartridge was the ‘first major patented innovation in inkjet cartridge construction since their conception’.
The firm boasted: “This is the future of compatible cartridges, and although more expensive to produce than past products it still offers a huge cost saving against originals
“With the original manufacturers fighting to regain their stranglehold on replacement printer cartridge supply by threatening legal action against manufacturers and suppliers of compatible cartridges, there are many competitors ‘selling off’ lower quality products to reduce stock holdings.
“Epson’s actions will force competitors out of the market, even some of the legitimate ones who cannot face the cost of defending themselves.”
The move, however, did not stop Seiko Epson launching its two legal actions against Choice, which are said to hinge on the use/copying of a patented cartridge design and/or the use/copying of a patented ink formula.
Seiko has already earned itself a reputation worldwide for ‘suing the pants off people who manufacture compatible cartridges on the grounds of patent infringement’.
Koichi Endo, Seiko Epson’s chief operating officer, consumer products operations division, defended the legal actions.
He said: “As one of the world’s leading imaging companies, Epson commits a significant human and financial investment to product research and development.
“Although Epson welcomes fair competition in the ink cartridge marketplace, infringement of Epson patented technology and innovation undermines this investment and provides an unfair advantage to those companies acting illegally.
“As such, we intend to protect our patents against any infringement and we continue to pursue our legal action.”
Choice Media Group, which is celebrating its 10th anniversary this year, was founded, and is now chaired, by Paul Andrews, who is also well-known a Special Constable in West Somerset.
It has combined with long-established Taunton firm Wessex Malthouse to offer design, office supplies, and printing.
Its group headquarters in Taunton was officially opened last autumn by MP Jeremy Browne, and it more recently moved into new premises in Minehead’s Mart Road Business Park.
Choice has twice won ‘Best Consumables Supplier’ in the Computer Active Awards, and Wessex Malthouse won the British Office and Stationery Supplies Dealer Excellence Award in 2006.
Last year, Choice was runner-up in the BOSS Technology Award for its investment in an innovative website.

• Our photograph shows Choice Media staff outside their group headquarters building. Photo submitted.

More jobs go as second Minehead business in a week collapses

WELL-known West Somerset printing firm Friday Print went into liquidation yesterday with the loss of around 12 jobs.
The Minehead company, based in Mart Road, ceased trading immediately when Taunton insolvency experts Albert Goodman were called in.
Friday Print was owned by former West Somerset district councillor Mike Padgett, who is also a vice-president of Minehead Harriers.
Mr Padgett, a former newspaper executive, had run the firm since relocating to West Somerset nearly 30 years ago.
He was undergoing treatment in Musgrove Park Hospital, Taunton, for a heart condition when the company’s liquidators were called in.
Through Friday Print, Mr Padgett was well-known for its support of local community and charitable causes, often helping by subsidising the printing of programmes and tickets for fund-raising events.
Last week, 14 staff lost their jobs in Minehead with the closure of the seafront Queens Hall, owned by district Councillor Kate Kravis and her husband Marcus.

Railway turntable is feature of new business development official opening

AN official opening of a controversial industrial development next to Minehead’s railway station will take place on Tuesday (October 17).
The £6 million regeneration project was led by Somerset County Council after it reneged on an earlier deal for a joint scheme with West Somerset Council.
The Mart Road development provides modern workspaces for businesses, retail opportunities, and a 110-space car park.
There will also be a café and the facility for different events to be held at the site, such as trade fairs.
The site will include a viewing area for the new West Somerset Railway turntable, which will enable visitors to see close-up the spectacle of 165-ton locomotives being moved by just two people.
It has been developed in partnership with the South West Rural Development Agency and the railway, which contributed £358,000, and it was also supported with £2 million of funding from the European Regional Development Fund.
On the day of the opening, young musicians from the nearby West Somerset Community College will entertain people on the platform of Minehead Station with jazz music.
County council Minehead ward member, Councillor Ian Galloway, will officially open the development and the railway will demonstrate the new turntable, which attracted national attention when it was craned into place earlier this year.
Councillor Galloway said: “I am very proud that we are now able to open this hugely significant development that the residents and friends of Minehead have advised on and helped to shape.
“We owe them all a huge vote of thanks. I am confident that together we will make the most of the opportunities created by the council and its partners, and that the local economy will soon see a good return.”
The RDA has invested more than £1.3 million in the project as part of its support for market and coastal towns, which often have vulnerable economies.
RDA regeneration head Carl Budden said: “This is an important project, creating a new hub of activity in Minehead for the benefit of the community, in one of the most deprived rural areas in the region.
“This new development will help create a more vibrant economy for Minehead and the wider West Somerset area by providing much-needed workspace for small businesses, including start-ups, as well as providing a welcome boost for tourism in the area.”
Railway general manager, Paul Conibeare said: “We are delighted to see completion of this outstanding project for Minehead and the railway.
“The railway witnessed over 6,000 visitors during our recent autumn steam gala, who, at some point, were either watching a steam locomotive been turned on our new turntable for the first time since 1964, or were using our new refreshment kiosk which has provided permanent catering facilities at Minehead since it was first opened in 1874.”
County economic development portfolio holder Councillor Alvin Horsfall said: “The council has invested almost £3 million in this development to provide opportunities for people and businesses in West Somerset to expand the local economy, encourage business investment, create jobs, and boost tourism.”

• Our photograph shows the some of the new business units off Mart Road. Photo submitted.