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Achiever Industries Sets the Record Straight Regarding Patent Dispute With Fuji

Fuji's Focus on "Ancient History" Leads to Industry and Trade Confusion

Achiever Industries, Ltd. is setting the record straight regarding years of patent infringement suits brought by Fuji Photo Film Co., Ltd. (Fuji). On March 20, 2006, Fuji distributed a press release entitled "FujiFilm files complaint against Achiever, DC Tech, Ferrania and others" referencing a lawsuit filed in the United States District Court, Central District of California that implied all of Achiever's cameras had been deemed as infringing on Fuji's single-use camera patents. However, nothing could be further from the truth. In fact, the Achiever cameras that were the subject of the lawsuits referenced in Fuji's announcement had not been manufactured in several years.

Moreover, Fuji is on record as of April 4, 2006 as having signed an agreement ("Stipulation") acknowledging the fact that Achiever's pancake loaded HK206 Double Cartridge System (DCS(TM)) camera does not infringe on any of the Fuji patents referenced in the subject lawsuit*. Consequently, Fuji's patent infringement claims have caused tremendous confusion in the marketplace.

"Fuji is focusing on ancient history," said Jimmy Chan, chairman of Achiever Industries, Ltd. "Our innovative ready-to-use camera technology does not infringe on any of Fuji's patents. The Achiever HK206 DCS camera is completely unique when compared to all other 35mm single-use camera designs, including Fuji's."

Fuji and Achiever have been in litigation regarding Fuji's single-use camera patents, first in 1998 and again in 2002 before the International Trade Commission (ITC), citing patents protecting Fuji's single-use camera design, dating back to the 1980s. Achiever's pancake loaded HK206 DCS camera and cosmetic variations were cleared of any patent infringement. Fuji subsequently filed another complaint in the United States District Court, Central District of California claiming patent infringement against Achiever, its principal and related entities. Fuji later acknowledged that the Achiever pancake loaded HK206 DCS camera did not infringe on its single-use camera patents, although some older Achiever models did infringe.

Out of 20-plus manufacturers that have defended themselves against Fuji, Achiever (HK206 DCS) is the only manufacturer whose camera was ruled not to infringe on any of the Fuji patents and was later unconditionally acknowledged by Fuji in the Stipulation of April 4, 2006.

"The market share of the Achiever HK206 DCS camera continues to grow because of its obvious appeal to the quality conscious and value oriented consumer. That is the category of consumer that our company is committed to serve," said Chan. "We are a progressive technology company that is heavily involved in product research and development. We respect the intellectual property of others and expect in return the same. Our company is enthusiastic about our own future and the future of others that are prepared to participate, for the benefit of the consumer, in a fair and competitive environment."

For product information: www.achieverusa.com

*Editor's note: The April 4, 2006 Stipulation by and between Plaintiff Fuji Photo Film Co., Ltd. ("Fuji") and Defendant, Achiever Industries, Ltd., is an official part of the California Court proceeding and copies are available upon request.