Nashua Corporation Announces Opinion and Order in Ricoh Toner Litigation


NASHUA, N.H., Aug. — Nashua Corporation


, a manufacturer and marketer of labels, thermal specialty papers


and imaging products, today announced that on August 2, 2005, the United


States District Court for the District of New Jersey issued an opinion and


order in a patent infringement lawsuit filed by Ricoh Company Ltd. et al.


against Nashua Corporation, Katun Corporation, and General Plastics Industrial


Co. The Court issued summary judgment that one of six Ricoh patents relating


to toner bottles for use in photocopy machines (U.S. Patent No. 6,075,963) was


not invalid as anticipated by certain prior art and was infringed by Nashua


Corporation (“Nashua”). In addition, the Court interpreted disputed terms of


the six patents involved in the lawsuit.


On May 30, 2003 Ricoh Company, Ltd. and affiliated companies filed a


complaint against several defendants, including the largest customer of


Nashua’s Imaging Supplies segment, Katun Corporation, and General Plastics


Industrial Co., a supplier to the Imaging Supplies segment. The complaint


alleged multiple counts of patent infringement, trademark infringement and


unfair competition by the defendants. On October 17, 2003, Ricoh amended the


complaint and added Nashua as an additional co-defendant in the suit. The


allegations arose from the sale and distribution of Ricoh compatible toner


products. In the lawsuit, Ricoh seeks, among other things, damages as a


result of alleged patent infringement, increased damages for willful


infringement, attorney’s fees, and injunctive relief. On April 12, 2005, the


District Court granted the defendants’ summary judgment motion dismissing the


counts related to trademark infringement and unfair competition.


Nashua believes that it is entitled to indemnification from Katun for


monies owed as a result of any judgment rendered against Nashua in this


litigation, including for damages, costs, attorney’s fees and interest, as


well as for monies paid to Ricoh in settlement of the Ricoh litigation,


provided that Katun has consented to the settlement. Nashua and Katun are


each responsible for their own attorney’s fees in connection with the


litigation.


Nashua previously announced that on April 1, 2005 it committed to a plan


to exit the toner and developer business, which is included in its Imaging


Supplies segment, by March 31, 2006.


Andy Albert, Chairman, President and Chief Executive Officer said: “We


are currently reviewing the Court’s opinion and evaluating its legal and


business impact.”


About Nashua


Nashua Corporation manufactures and markets a wide variety of specialty


imaging products and services to industrial and commercial customers to meet


various print application needs. The Company’s products include thermal


coated papers, pressure-sensitive labels, colored copier papers, bond, point


of sale, ATM and wide format papers, entertainment tickets, as well as toners,


developers, and ribbons for use in imaging devices.

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