Steve,

As you say, if TOG prevails, the US Sublimation case may never see the light of day. Other than the usual patent infringement claims, it's alleged that US Sublimation is using an ink, other than Rotech, but continuing to use the name.

Now, the questions are:

1) If possible, does TOG go all the way and break the SG patents, which would open the floodgates of inexpensive ink, from many competitors?

2) Do they simply establish, they aren't infringing on the SG patents and continue to sell their ink at current prices?

#1 would make them heroes, to those who have been following the ink wars.

#2 stands to make them wealthy.

Hmmm...which way will it go?

We should know in 2006.

David,

Yes, if TOG is successful I think others would be encouraged to challenge frivolous patents. The lasering patents included, but several others I'd like to see challenged. Competition in any arena brings more creativity and therefore potential profit to any industry.

"Frivolous" patents are a different "animal" from Copyrights, but with reference to the renewed legal activities with the industry, I saw in current (Dec 05) EJ that Crown won a significant settlement from a competitor who duplicated their copyrighted designs.
Similarly, Mike Davis' editorial in the Nov issue of EJ, was on this very issue; I thought it was very well done.

= UPDATE =

TOG vs. Sawgrass

From a document dated Feb. 10, 2006.

(paraphrased)

Sawgrass Technologies' motion, requesting a change of venue, from Texas to South Carolina, fell flat.

Won't happen.