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The Ethiopian Air Force (ETAF) () is the air service branch of the Ethiopian National Defence Force. The ETAF is tasked with protecting the national air space, providing support to ground forces, as well as assisting civil operations during national emergencies.

History

Early years (1929–1935)

The origins of the Ethiopian Air Force has been traced to (then Ras) Haile Selassie witnessing a show of the British Royal Air Force in November 1922, in Aden. Having never seen an airplane before, he was captivated by this demonstration of their power and abilities, and spontaneously asked if he could go up in one of the biplanes, proclaiming that it was "very fitting that he, as regent of Abyssinia should be the first Abyssinian to take flight in an aeroplane." As a result of this experience, he advocated the development of the Imperial Ethiopian Air Force. This small air arm began with the delivery of a Potez 25-A2 to the capital Addis Ababa on 18 August 1929. A Junkers W 33c followed on 5 September. The Ethiopian Air Force was organized by Mishka Babitchef, the first Ethiopian pilot, who was of Russian descent.

On 31 March 1930, three of the biplanes from Ethiopia's air arm played a dramatic role in a battle between Haile Selassie (not yet crowned Emperor) and conservative forces seeking to oust him. During the Battle of Anchem, biplanes were effectively used to give Haile Selassie's forces the upper hand.

A few transport aircraft were also acquired during 1934–35 for ambulance work. The air force was commanded by Colonel John Robinson (African-American, took command May 1935), recruited by Haile Selassie, and who remained until the Italian conquest of Ethiopia when the small air arm ceased to exist.

 2 × Beechcraft Staggerwing
 1 × Breda Ba.15
 1 × de Havilland DH.60 Moth
 1 × de Havilland Dragon (Red Cross)
 1 × Farman 192 c/n?
 1 × Farman F.190 converted to F192 by engine change, c/n?
 1 × Fiat AS-1, lost in accident 1930
 2 × Fokker F.VIIa (Named "Abba Dagnew" and "Abba Kagnew". The latter was used as ambulance)
 1 × Fokker F.VIIb/3m (used as Hailé Sélassié's personal transport, and for missions by the Red Cross)
 1 × Heinkel HD.21 (Red Cross)
 1 × Junkers W33c (acquired in 1929).
 6 × Potez 25A-2
 1 × Meindl van Nes A.VII Ethiopia 1.
 1 Breda Ba.25.
 1 Breda Ba.28.
 2 Breguet XIX.

Notable pilots of the Imperial Ethiopian Air Force (1929–1936)

 André Maillet (French)
 Gaston Vedel
 Baron von Engel (German)
 Comte Schatzberg
 Hubert Julian
 Mishka Babitcheff (Ethiopian)
 Bahru Kaba (Ethiopian)
 Asfaw Ali (Ethiopian)
 Tesfaye (Ethiopian)
 John Robinson (African-American, took command May 1935)
 Thierry Maignal
 Ludwig Weber (Agent of Junkers in Addis Ababa and personal pilot of Hailé Sélassié, he supervised the construction of the Weber Meindl van Nes A.VII Ethiopia 1 which was a highly modified version of the de Havilland DH.60 Moth
 Count Carl Gustaf von Rosen (with the Red Cross, he flew the Heinkel HD.21)

Post-World War II
After the liberation of Ethiopia, the country started reorganizing the embryonic air force that had existed prior to the Italian invasion, commanded by Colonel John Robinson (African-American). In 1944, a group of World War II African-American veterans set up a flying school at Lideta airport in Addis Ababa. The nation acquired a few aircraft through military aid from the United States and United Kingdom; and the school had some 75 students by 1946. As neither the United States nor the United Kingdom was interested in providing assistance, Ethiopia turned to Sweden to help create a modern air arm (see Ethiopia–Sweden relations). The Swedes agreed to provide assistance and Carl Gustaf von Rosen was appointed as the chief instructor of the newly re-formed Imperial Ethiopian Air Force (IEAF).

The Swedish contingent played a critical role in setting up a solid foundation. It sent Safir trainers and B-17A light bombers from Sweden, and the Ethiopian government acquired C-47 Skytrain transport aircraft from the United States to equip the flight training, bomber, and transport squadrons, respectively. In 1951, the IEAF formed its first fighter/attack squadron by acquiring Fairey Firefly fighters from the United Kingdom.

US assistance and transition to the jet age
In 1953, a military agreement was entered between the United States and Ethiopia for a military assistance program (see Ethiopia–United States relations). It aimed to provide Ethiopia with a capable military force for defensive purposes. The US military sent a team to undertake a comprehensive study of the Ethiopian military capabilities, requirements, and probable threats facing Ethiopia.

The IEAF benefited immensely from the program. The US Air Force sent a team of officers and NCOs led by a Colonel to assess the force and provide recommendations as part of the Military Advisory and Assistance Group undertaking the comprehensive study of the Ethiopian military. The IEAF was to be restructured organizationally and adopt US-style operating procedures. Emphasis was given to building up IEAF's training institutions. Several Ethiopian personnel was sent to the US for training, including 25 Ethiopian pilots for jet training, and many more were trained locally by US Defense personnel. In 1957, the first three of several T-33A jet trainers were supplied followed by F-86F fighters in 1960. In 1961, T-28s were acquired for advanced training. This influx of equipment and training made the IEAF, in the opinion of historian Bahru Zewde, "the most prestigious show-piece of American aid in Ethiopia. It was also reputedly the most modern and efficient unit of the armed forces."

In 1964, the Somalis began receiving large quantities of weaponry, ground equipment, and MiG-17 fighters from the Soviet Union (see Ethiopia–Russia relations). In response, the US started delivering the supersonic F-5A jet fighters in 1965 to counter this new threat. However, it was careful not to escalate the situation further. The US delivered the F-5As without providing major weapon systems for the aircraft, the ability to use air-to-air missiles. Nevertheless, the delivery of F-5As had serious implications in the Horn of Africa because no neighboring country had anything similar to this new jet fighter. The Somalis were furious and described the F-5A transfer as a grave threat to the security of the Somali people and the rest of the Horn. In 1976, the US agreed to supply more advanced F-5Es along with AIM-9B sidewinder missiles after the Soviets delivered Mikoyan-Gurevich MiG-21 fighters to Somalia. The F-5E aircraft destined for Ethiopia was never delivered and was stored at Williams AFB, Arizona during the Ogaden War 1977–1978.

In 1977, Nos 1 and 2 Squadrons of the Ethiopian Air Force converted from the F-86 to the MiG-21, and No. 33 Operational Conversion Unit from the T-33A to the MiG-21UM and MiG-21MF; a year later, No. 3 Squadron converted from the F-86 to the Mikoyan-Gurevich MiG-23BN "Flogger." In 1980, No. 5 Squadron converted from F-86s to the MiG-21bis. Years later, all four squadrons, and 33 OCU, were reported to be based at Debre Zeit.

Ethiopian-Somali War

After its independence in 1960, Somalia started making claims to all of its precolonial territories that were occupied by France, Ethiopia, and the British. However, the majority of the land claimed was in Ethiopia which made it Somalia's main target. After failing to get support within the Organization of African Unity, Somalia declared war on Ethiopia in 1964. The Somali forces launched their attack at Togochale, a border town east of Jijiga, but the Ethiopians were no match to the comparatively well-equipped air forces of Somalia.

The brief conflict provided the IEAF with valuable experience. Lessons learned included the need for heavy bombers, an air defense complex, a secure and reliable communication system, and better coordination with ground forces. As a result, Canberra bombers and air defense radars were acquired from Great Britain and the US respectively.
In 1974, popular unrest against Emperor Haile Selassie led to a military coup. The military then formed a committee from within, known as the Derg, dominated by junior officers and NCOs. Shortly after, it executed 60 top civilian and military officials and imprisoned many others. In addition, the Derg forced out many career military officers it was suspicious of. The army was in shambles and the country was engulfed in political turmoil. It was during this moment the Somalis launched a massive invasion in 1977.

Already alarmed at the increasing noise the Somalis were making, the Derg government had managed to convince the Ford administration to provide Ethiopia with F-5Es in 1975. The first batch of six pilots were sent to Williams Air Force Base in Arizona for conversion and tactical fighter training in August 1976. However, further training of pilots and delivery of aircraft was stopped after President Carter cut off all arms supplies in protest of the Derg's human rights violations.

Using the eight F-5Es as interceptors, F-5As for close air support, and Canberra for heavy bombing, the ETAF overwhelmed the Somali Air Force. Throughout the war, it also conducted strikes against several targets deep inside Somalia, including the repeated bombings of the Somali Air Force's northern main operating base at Hargeisa and long range attack on the Berbera.

The ETAF lost three F-5Es to ground fire and one C-47 transport plane to a MIG-17 while one Canberra was flown by a defecting pilot to Somalia. Another Canberra was lost due to a mechanical problem deep inside Ethiopia after it suffered hits from a ground attack. Two F-5E pilots as well as the C-47 crew were captured by the Somalis while one F-5E pilot was rescued by helicopter. One of the F-5E pilots captured was Legesse Tefera (died 5 October 2016), credited with six (or 7) Somali MiG kills, making him the most successful F-5 pilot ever. His F-5E was shot down while overflying an area thought to be in control by Ethiopian forces. He was captured by the local Somali population and was turned over to then Somali army commander of the region, Colonel Abdullahi Yusuf, and held prisoner for over 10 years. Colonel Abdullahi Yusuf later became President of Somalia. The other captured F-5E pilot, Afework Kidanu, died while in captivity in Somalia.

Shift to the Eastern bloc
While the ETAF's role was critical in stopping the advance of the Somali forces, the ground forces were not ready for offensive operations to expel the Somalis from the area they controlled. The army was short in equipment of all sorts, and after the Derg acquired power United States President Jimmy Carter cut off all military aid to Ethiopia. Desperate, the Derg regime turned to the Soviets for help. The Soviet Union, which was providing assistance to Somalia, switched sides and agreed to provide substantial economic and military aid that proved to be decisive. As a result, the Air Force received a large number of aircraft for fighter, helicopter, transport roles. The Cubans provided 17,000 troops to support the Ethiopian forces. Included were Cuban pilots who flew the newly Soviet-supplied MiG-21s.

In the 1980s, non-Soviet aircraft were also acquired. Several L-39C jets were acquired from Czechoslovakia for jet transition training. In addition, SF-260TP trainers were acquired from Italy in two batches to replace the aging Safirs, and two L-100 Hercules transport aircraft, the civilian version of the military C-130 Hercules transport, were acquired through Ethiopian Airlines (see Czechoslovakia-Ethiopia relations, Ethiopia-Italy relations).

The Derg years

While its performance during the war with Somalia saved the ETAF from the purges inflicted on the army and nearly every other institution in the country, the Derg was determined to keep a close eye on it. To increase its control, the Derg created a three-man committee constituting the force commander, political commissar, and representative from the security service to oversee the air force. In addition, adhering to Soviet advice, the ETAF's organization was replaced by a Soviet-style regimental structure.

The Soviet influence had a major impact on the ETAF. The Soviets offered to train all pilots at a joint training center for all their satellite states leaving the ETAF responsible only for operational training. They also offered to train engineers at their schools. Expecting to realize enormous cost savings, the ETAF accepted the offer. As a result, both the flying school and Air Academy were closed in 1980 and all recruits were sent to the Soviet Union after passing aptitude test examination and medical screening.

Dissatisfied with the Soviet-provided training, the ETAF re-activated both its flight training school and Air Academy in 1984. SF260TP propeller aircraft for primary screening and L-39 jets for jet-transition training was acquired from Italy and Czechoslovakia respectively. The Air Academy was reopened using civilian instructors with degree programs in aeronautical engineering, aeronautical administration, and electrical engineering.

This period witnessed the decline of the ETAF's maintenance and engineering centers. Unlike the Americans, the Soviets were unwilling to transfer technical know-how. They insisted that every major repair work be undertaken by them in the Soviet Union. In addition to the logistical nightmare, the cost was prohibitive for the air force already financially stretched supporting the ground forces in the raging civil war. The Soviets relented and agreed to set up a depot-level maintenance, repair, and overhaul center after the Derg regime took up the matter with the Soviet leadership. However, lack of finance hindered the progress and only minimal work was done by 1991. The project was restarted in 1995 and formally inaugurated in 2004.

The Derg years saw the ETAF embroiled in the civil war. The ETAF played a critical role in the Derg's war effort in the north. It was the main stumbling block the rebels faced from achieving total victory. However, in the late 1980s, many in the air force began questioning the prosecution of the war. Following a failed coup in 1989, in which the ETAF's top leaders participated, its high command was decimated with arrests and executions. As a result, the ETAF was suffering from low morale and serious internal rifts. Pilots were defecting in increasing numbers to neighboring countries. The situation on the ground was also becoming hopeless. Eventually, the forces of the Ethiopian People's Revolutionary Democratic Front (EPRDF) overran the Derg's army and took control of the country in 1991.

After 1991

The change of events that followed had a tremendous impact on the ETAF. In 1991, the Soviet-backed Derg regime was deposed by EPRDF rebel forces. The EPRDF ordered all members of the military, including those of the ETAF, to report to detention camps set up throughout the country. The EPRDF started reorganizing the air force soon after taking power. Shortly after taking complete control of the country, it selected about 50 officers and NCOs from the rehabilitation camps to reactivate a transport wing. In addition, more pilots and ground crew were returned to bring back the assets that were flown to neighboring countries by fleeing pilots in the final days of the Derg.

The EPRDF government was cognizant of the critical role of airpower, having experienced it first hand during its long war with Derg. It set up a new high command which included senior EPRDF military commanders and former members of the ETAF who have previously joined the EPRDF. Its primary task was to restore the ETAF to operational status.

In August 1992, the flying school was reopened and training of cadets was resumed. As a result, many of the instructor pilots under the Derg regime were allowed to return. In addition, senior EPRDF commanders assigned to the high command were sent abroad for staff training. The first batch of pilot trainees graduated in June 1995 which continued yearly afterward. However, the early period was fraught with much friction and mistrust between the retained personnel from the former Derg regime and the EPRDF military commanders assigned to ETAF.

In 1995, the EPRDF government unveiled a plan for a new Ethiopian National Defense Force. The plan called for a smaller air force with a streamlined organizational structure and fewer bases. As a medium term solution, the ETAF's air and ground assets were to be upgraded with modern systems, and completion of the maintenance and overhaul centers started under the Derg. However, lack of finance delayed the implementation of most projects. The political leadership felt there was no threat to speak of facing the country to justify large expenditures, particularly pertaining to the extensive (and expensive) upgrade project for the MIG-21/23 fighter fleet.

The unexpected outbreak of war with Eritrea in June 1998 led to a significant change in the ETAF. The entire Ethiopian National Defense Force was ill-prepared for the conflict. Most of the Ethiopian Ground Forces were located in the south and southeast. The EPRDF government considered the northern borders to be the most secure due to its then close relationship with Eritrea and had decided to leave the border security in the hands of the local militia and police forces. The case with the ETAF was no different which never had replaced its northern command base it lost when Eritrea seceded.

In the two years that followed from 1998 to 2000 and despite the many constraints, the ETAF was able to provide crucial support to the ground forces. Su-27 air superiority fighters were acquired along with advanced versions of the Mi-35 helicopter gunships. The Su-27s were used to shoot down four Eritrean Air Force MIG-29s; the first on 25 February 1999, and the second on 26 February 1999. In return, Eritrean MiG-29s shot down a total of two MiG-21 and one MiG-23 fighters during the war. Lessons learned from the war were incorporated throughout which increased the effectiveness of the ETAF in the second year of the war. Su-25T jets with precision strike capability were acquired along with sophisticated electronic warfare systems. Its members undertook dangerous missions deep inside Eritrean territory from interdicting supply lines, reconnaissance, and destruction of air defense systems. This in turn greatly raised the morale of the Ethiopian army which enabled them to break the highly fortified Eritrean front line in an amazingly short period of time. Hence, changing the tide of the war back in the Eritrean heartland.

After the war, the ETAF was reorganized to better prepare it for future conflicts based on lessons learned during the 1998–2000 war. Changes were made to better reflect in its doctrine the effects of the newer equipments acquired ability to deploy precision guided munitions. The long running maintenance and overhaul center project, DAVEC, was also sped up and inaugurated in 2004.

Tigray War
In early November 2020 a conflict broke out in the Tigray Region of Ethiopia between forces loyal to the Tigray People's Liberation Front (TPLF) and the ENDF. The ETAF would almost immediately start carrying out airstrikes on TPLF targets bombing arms depots, military bases, and other targets. Airstrikes have continued throughout the course of the war and caused civilian casualties. On 16 November 2020, a series of airstrikes on the city of Wukro would inflict 14 civilian deaths. On 22 June 2021, an Ethiopian fighter plane bombed a market in the town Togoga killing 64 civilians and wounding 180 more.

Several ETAF aircraft have also been shot down. On 29 November 2020, an ETAF Mig-23 was shot down by the TPLF leading to the capture of the pilot. On 20 April 2021, an ETAF Mil Mi-35 was shot down near Guya killing three crew members. On 23 June 2021 an ETAF Lockheed L-100 Hercules was shot down near Gijet.

Organisation

 7 fighter ground attack squadrons: MiG-21, MiG-23, Su-25, Su-27
 1 transport squadron: An-12, An-32, B-757, C-130B/E, L-100-30, Mi-8, Mi-24, Alouette III
 1 training squadron: L-39, SF.260

Air bases

The primary base is at Harar Meda Airport, in Bishoftu. There are four smaller bases used by the air force, these are:
Bahir Dar Airport
Aba Tenna Dejazmach Yilma International Airport in Dire Dawa
Gode Airport
Alula Aba Nega Airport in Mek'ele

Aircraft

Current inventory

In addition to the Air Force inventory, the Ethiopian Army operates two DHC-6, and eight Bell 205 helicopters.

Retired aircraft
Previous notable aircraft operated by Ethiopia were the  Lockheed T-33,  Northrop F-5,  MiG-17,  Electric Canberra,  Douglas C-54,  Fairchild C-119, de Havilland Dove, Mil Mi-6, Mil Mi-14,  Aérospatiale SA 330,  North American T-28 Saab 91 Safir, and Saab 17

Major Incidents
In 2013, an Ethiopian military cargo plane crashed on landing at Mogadishu airport in Somalia, killing four of the six crew members.

On 30 August 2018, a DHC-6 military aircraft operating as flight 808 (ET-AIU), carrying 15 members of the defense force and 3 civilians, crashed twenty minutes away from landing at Harar Meda Airport in Bishoftu after taking off from Dire Dawa. No survivors were reported.

On June 23, 2021 a Lockheed L-100 Hercules crashed near Gijet, Ethiopia. Unconfirmed reports indicated the aircraft was downed by the Tigray Defense Forces during an on going armed conflict that started in November 2020 between Ethiopia and the Tigray Region.

Roundels

See also
Ethiopian National Defense Force
Ethiopian Navy

References

Bibliography
 Gordon, Yefim and Alan Dawes. Sukhoi Su-25 Frogfoot: Close Air Support Aircraft. London: Airlife, 2004. .

Further reading
Tom Cooper, African MiGs: MiGs and Sukhois in Service in Sub-Saharan Africa, Welcome to the Air Combat Information Group, SHI Publications, 2004, , Softbound, 158 Pages

External links
A history of the Ethiopian Air Force (dehai-news)

Military units and formations established in 1929

redpajama_set_name: RedPajamaWikipedia


Richard Kelly's creepily atmospheric thriller starts well and is suitably dark and weird throughout but it starts to unravel in the second half and becomes increasingly pretentious and annoying.
Directed by Richard Kelly and based on both a short story and a Twilight Zone episode by Richard Matheson (I Am Legend), The Box is set in 1976 Virginia and stars Cameron Diaz and James Marsden as Norma and Arthur Lewis, a strapped-for-cash couple with a teenaged son (Sam Oz Stone). Then a facially disfigured stranger (Frank Langella) turns up on their doorstep with a mysterious black box with a red button on it and tells them that if they push the button, they will earn $1 million but someone they don't know will die as a result.
The couple duly agonise over whether they should do it or not, before Norma abruptly decides to go ahead and push the button. However, the pair soon find themselves drawn into a bizarre world involving mind-controlled, nose-bleeding neighbours, blocks of water suspended above beds, sinister librarians and a massive conspiracy that seemingly involves both NASA and a mysterious alien race.
The Box is something of a mixed bag; the performances are good (Langella manages to be both avuncular and sinister at the same time, whilst it's actually unsettling to see Diaz and Marsden in non-comedic roles) and the film is as dark and weird as you'd expect from the director of Donnie Darko. Kelly maintains a suitably creepy atmosphere throughout and the frequently twisty plot is both intriguing and unpredictable, at least in the first half.
The main problem is that you spend a long, long time waiting to find out where the film's going and then when you get there, it's something of a disappointment. The main reason for this is that the plot becomes increasingly pretentious and annoying as it goes along and by the time Arthur finds himself suspended in a block of water, you could be forgiven for thinking the film was just being weird for the sake of looking cool. That said, the finale ties things together quite nicely – it's just a bit of an effort getting there.
The Box isn't entirely satisfying and the first half is much stronger than the second but it's still worth seeing on balance, for its ambition and general weirdness alone.


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The May jobs report headlines a quieter week as investors look for confirmation the Federal Reserve will raise rates in the coming month.
This month's nonfarm payrolls report, out Friday, is expected to demonstrate continued strength in the labor market. The U.S. economy is expected to have added 175,000 jobs in May, while the unemployment rate is forecast to hold at 4.4%, according to FactSet estimates. Hourly earnings are anticipated to have risen 0.2% in May.
A robust jobs numbers would cement the chances of a Fed move at the next meeting in June. But even if the jobs reports number is abysmal, it will take more than that to derail the Fed from its plans to hike two more times this year. A June rate hike is a likelihood members have been telegraphing since the May meeting resulted in no change to monetary policy.
"They're pretty steady in raising rates regardless of the jobs report," Ken Mahoney, CEO of Mahoney Asset Management, said in a phone call. "They're pretty strong willed about getting this up and I think they should because if they do falter or the economy does slow down, they'll have some arrows in the quiver to work with."
The Federal Open Market Committee, the decision-making arm of the central bank, is next set to meet June 13-14. Markets already have high expectations for an interest-rate increase at the next meeting of the Federal Open Market Committee, the second of three expected hikes this year. Wall Street has priced in a nearly 88% chance of a 25-basis-point increase to the federal funds rate when the FOMC meets, according to CME Group fed funds futures.
Elsewhere on the economic calendar in the coming week, personal income and outlays for April, the S&P Corelogic Case-Shiller home price index for March, and consumer confidence for May will be out on Tuesday; Chicago PMI for May, the pending home sales index for April, and the Beige Book on Wednesday; the ADP Employment Report and the PMI Manufacturing Index for May, productivity and costs for the first quarter, construction spending for April on Thursday; and international trade for April on Friday.
A more subdued Donald Trump should keep markets on their upward trajectory in the coming week. Trump is due to return to the U.S. after a nine-day international trip, his first since taking office in January. During the trip, Trump attended a G-7 meeting in Sicily, met NATO members in Brussels, sat with the Pope in Vatican City, and engaged in talks with leaders of Saudi Arabia and Israel.
"We are seeing a much more scripted President Trump and, because of that, we are also having less controversy," Ken Moraif, senior advisor at Money Matters, told TheStreet. "If this continues, it will strengthen the conviction of the market that [he] will be successful in getting his agenda passed by the August recess. Should this be the case, I see the market continuing its ascent and we very well could see the S&P at 2500 over the next three months."
Political machinations will be in particular focus in the coming weeks with few earnings to distract markets. More than 95% of S&P 500 companies have already reported earnings with the bulk beating estimates. Earnings at U.S. companies have risen at their fastest pace in nearly six years this reporting season.
In earnings in the coming week, Analog Devices (ADI - Get Report) , Box (BOX - Get Report) , Hewlett Packard Enterprises (HPE - Get Report) , Michael Kors (KORS , Palo Alto Networks (PANW - Get Report) , and Vera Bradley (VRA - Get Report) will report on Wednesday; Broadcom (AVGO - Get Report) , Ciena (CIEN - Get Report) , Dollar General (DG - Get Report) , Express (EXPR - Get Report) , Five Below (FIVE - Get Report) , Lululemon (LULU - Get Report) , VMWare VMW, and Workday (WDAY - Get Report) on Thursday; and Hovnanian Enterprises (HOV - Get Report) on Friday.
Markets will be closed on Monday in honor of Memorial Day before reopening as normal on Tuesday.
As we head into the three-day weekend, the indices are up six days in a row and hitting all-time highs. Does this mean a correction is on the horizon? James "Rev Shark" Deporre discusses over on our premium site for investors, Real Money. Get his insights with a free trial subscription.
Editors' pick: Originally published May 28.


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Prepared Food Equipment Market Will Hit Big Revenues In Future
(Publishing-NewsWire.com, January 09, 2021 ) The global prepared food equipment market size is estimated to account for a value of USD 10.4 billion in 2020 and is projected to grow at a CAGR of 6.4% from 2020, to reach a value of USD 15.1 billion by 2026. The prepared food equipment markets growth is driven by various factors, such as increasing options for RTE foods, technological advancements in food industry, industrialization, and the export of various prepared foods.
Key players in the prepared food equipment market include GEA Group (Germany), Alfa Laval (Sweden), JBT Corporation (US), SPX FLOW (US), Bühler (Switzerland), Tetra Laval (Switzerland), Dover Corporation (US), Robert Bosch (Germany), Krones (Germany), Middleby Corporation (US), Marel (Iceland), IMA Group (Italy), Multivac (Germany), Ali Group (Italy). Product launches, acquisitions, agreements, and partnerships, expansions were some of the core strengths of the leading players in the prepared food equipment market. The key players adopted these strategies to increase their market presence. It also helped them diversify their businesses geographically, strengthen their distribution networks, and enhance their product portfolios. Some of the other leading players in the prepared food equipment market include Lyco Manufacturing, Inc (US), Heat and Control, Inc. (US), BigTem Makine (Turkey), Hup Sheng Machinery & Industry (Malaysia), Sumpot (China), Hosokawa Alpine (Bayern).
To know about the assumptions considered for the study Download PDF brochure:
https://www.marketsandmarkets.com/pdfdownloadNew.asp?id=148555664
GEA Group (Germany) is one of the key players in providing efficient, prepared food solutions. The company is one of the largest manufacturers of prepared food equipment. The company functions through five segments—GEA separation & flow technologies, GEA liquid & powder technologies, GEA food & healthcare technologies, GEA refrigeration technologies, and GEA farm technologies. It offers various machinery such as refrigeration machines, induction, fryers, ovens meant for different applications like food, beverage and dairy. It has established a strong brand name and has a well-established distribution network because it is a key player in the food equipment industry. The company focuses on competitive strategies to continue being a leading player in the market by agreements and new product launches. For instance, in June 2020, GEA launched the new Whitebloc filling technology for extended shelf life (ESL) beverages to benefit from aseptic filling. In October 2020, GEA signed a contract to supply a new, environmentally friendly cooling system with one of the leading British ice cream producers, Mackie's (UK), which will be one of the most advanced in Europe.
Make an Inquiry:
https://www.marketsandmarkets.com/Enquiry_Before_BuyingNew.asp?id=148555664
Alfa Laval (Sweden) is one of the leading providers of processing and packaging equipment. It operates through three segments: energy division, food & water division, and the marine division. Moreover, it offers products like centrifuges, pumps & valves, heat exchangers, thermal fluid systems, boilers, burners, and tank equipment. The company's products, systems, and services are widespread across more than 100 countries, with production facilities in 40 major production units and distribution centers in Europe, Asia, the US, and South America. The company aims to maintain efficient production operations by employing strategies like new product launches, expansions, and agreements. In October 2020, Alfa Laval opened a new global application & innovation center for fluid handling technology in Denmark to strengthen its global position within food & pharmaceuticals, which are the companys core businesses.
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that is often listed under natural flavors (with the FDAs approval). Its simply not Real allposters rabatt 50 Food! Whole milk from grass-grazing cows provides the saturated fats and vitamin K2 needed to absorb the calcium. This is because the body cannot assimilate the synthetic version of the vitamin, likely due to the lack of vitamin co-factors. Is it advertised on TV? Homemade coconut milk recipe here is the best option due to the healthful fats and lack of phytic acid in coconut. Please help me spread the message that soy milk is not a real food! Vy bn cht thc s ng sau hai ch hu c y. Because soy milk completely lacks the vitamin cofactors required to use calcium, the added calcium carbonate is likely comparable to calcium supplements it is more harmful than beneficial. Glyphosphate is linked to a number of serious health problems ( source ). Further, vitamin D is a fat-soluble vitamin.
Theres never an excuse soy milk. Some lactose-intolerant folks drink it because they want a milk substitute. Some health-conscious people drink it because they think it is the. Try our delicious Coffee and Soya Caramel drink.
Price discovered that when tribes consumed the foods that their ancestors had eaten for kle barnekuponger mobilt centuries, they produced strikingly healthy virtually devoid of chronic disease, infertility and tooth decay. From the Inuit in Alaska to the Maori in New Zealand,. And some vegans drink it because they dont want to drink cow milk. But no matter what reason you have for drinking soy milk, it is not a valid excuse. While naturally-occuring (non-isolated, food-source) vitamin A only creates toxicity in uber-extreme doses, moderate overdoses of synthetic vitamin A can cause toxicity (read more about synthetic. Vitamin K2 is the most important because it shuttles calcium into the bone. Soymilk Ingredients, ironically, almost every ingredient in soymilk is cause for serious concern. It offers no viable benefit to the body and may actually be harmful ( source ).


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October 18, 2019 National Headlines 0
By Mary Kennedy
DTN Cash Grains Analyst
OMAHA (DTN) — The domestic distillers dried grains (DDG) weekly average spot price from the 40 locations DTN contacted was down $1, to $141 per ton for the week ended Oct. 16. Prices were mixed from various sellers, but overall, the DDG price this week came under some pressure from the weaker cash corn price.
Based on the average of prices collected by DTN, the value of DDG relative to corn for the week ended Oct. 16 was at 100.78%. The value of DDG relative to soybean meal was at 46.26%. The cost per unit of protein for DDG was $5.22, compared to the cost per unit of protein for soybean meal at $6.42.
Various closures on the Mississippi River are likely stalling transport of some export containers to the Gulf this week. In the Upper Mississippi River, Locks 16 and 17 have been closed to northbound and southbound traffic since Oct.
2020 Dicamba Showdown
By Emily Unglesbee
DTN Staff Reporter
ROCKVILLE, Md. (DTN) — With much of the 2019 soybean crop still in the field, the state of Illinois pushed the 2020 soybean season into the limelight last week.
Late on Friday afternoon, October 11, the Illinois Department of Agriculture (IDOA) announced that it has submitted additional label restrictions for dicamba herbicides used with the Xtend cropping system in 2020. Under this Section 24(c) Special Local Need (SLN) label, Illinois growers will only have until June 20 to spray dicamba herbicides in Xtend crops, and cannot spray them when temperatures exceed 85 degrees.
The state's move here forces the EPA to solidify its position on Section 24(c) labels that further restrict federal labels, which the agency announced it was re-evaluating earlier this year. It also forces the registrants of dicamba herbicides, Bayer and BASF, to decide how they will deal with state regulators who continue to insist that their chemicals cannot be applied safely using only the federal labels.
Trump Expected to Back Deal
By Todd Neeley
OMAHA (DTN) — Trump administration officials assured dozens of representatives from agriculture and biofuels groups on an Oct. 3 phone briefing the EPA would use a three-year rolling average of small-refinery exemption volumes from 2016 to 2018 to account for future waivers.
It was the reason biofuels groups endorsed the agreement.
The next day the administration announced details of the deal outlined in the phone call — EPA would take the average of about 4 billion gallons waived since 2016, or about 1.35 billion gallons per year, and plug that into future Renewable Fuel Standard volume proposals.
"There is outrage EPA did not implement the details of the agreement," Iowa Corn Growers Association Chief Executive Officer Craig Floss said during a news conference on Wednesday.
"No more Iowa nice; now it's Iowa pissed."
The agency announced a supplemental proposal on Tuesday that calls for accounting for 770 million gallons annually in expected exemptions.
Future Global Food Gap Remains
By Chris Clayton
DTN Ag Policy Editor
DES MOINES (DTN) — The gap remains persistent between global growth of agricultural production and the expected need for food, feed, fiber and bioenergy demands for 10 billion people in 2050.
The Global Agricultural Productivity Index, released annually at the World Food Prize Borlaug Dialogue, shows a spread between projected production and demand. Agricultural Total Factor Productivity, (TFP) is growing globally at a rate of 1.63% annually yet the growth needs to rise 1.73% annually to sustain the needs of a larger population at mid-century.
The Global Agricultural Productivity Index was created by a consortium of several major agricultural input companies that formed the Global Harvest Initiative. The group turned the report and related work over this year to the Virginia Tech College of Agriculture and Life Sciences.
The challenge, as consistently measured in these GAP reports, remains with "alarmingly low" TFP growth in low-income countries.
Hemp's Growing Pains
YUMA, Colo. (DTN) — At 35, Bethleen McCall is a lot younger than your typical commodity farmer, but she's a veteran when it comes to farming hemp in Colorado.
McCall is president of the Colorado Hemp Industries Association and she credits the state's early action allowing regulated hemp production as far back as 2014 for allowing her to start farming where her family once farmed.
Last week, McCall was rushing to try to beat a late-week temperature crash and snow, but that didn't work out so well. She and her employees got about 20% of their crop harvested before the hard freeze. They have now sent away samples to see if the glands in the plant that contain cannabinoids burst during the freeze. Depending on those results, the farm may have just a few days to harvest before the rest of the CBD oil dissipates.
Harvest Freeze Challenges
ROCKVILLE, Md. (DTN) — The threat that has been building throughout the spring and summer is finally imminent.
A major winter freeze and snowstorm looms for the northern Midwest, where many corn and soybean fields have yet to reach maturity. See the DTN story here: https://www.dtnpf.com/….
Once the front passes, growers with freeze-damaged immature crops will face a host of harvest challenges. Experts recommend that growers in this situation prioritize freeze-damaged fields for harvest, adjust combine settings carefully and plan for high-moisture, low-quality grain.
DTN digs into each of those factors here, with help from Michigan State University Extension Soybean Educator Mike Staton and Iowa State University Extension Croppings Systems Specialist Mark Licht.
HARVEST PRIORITIES
Growers with very late-planted soybean fields may need to take the time to assess if their field is still worth harvesting for grain after a freeze, Staton said.
"The conventional wisdom from agronomists is that if soybeans are in the R6 growth stage at the time of the freeze, they are salvageable," he said.
Chlorpyrifos Use to End in California
OMAHA (DTN) — The use of the pesticide chlorpyrifos will end in California at the end of next year as a result of an agreement struck on Wednesday between the state and manufacturers.
Under the agreement with Corteva and other companies, all sales of chlorpyrifos products in California will end on Feb. 6, 2020. Growers will no longer be allowed to possess or use chlorpyrifos products in California after Dec. 31, 2020.
The state said it is applying the settlement terms and deadlines to seven other companies not part of the agreement but are subject to the cancellation order.
In May, the state announced it was moving to cancel all registrations of the pesticide, after the California Environmental Protection Agency announced the decision following a state scientific review panel's findings that the pesticide causes "serious health effects in children and other sensitive populations at lower levels of exposure than previously understood."
Chlorpyrifos is the main ingredient in what was Dow AgroScience's — now Corteva Agriscience's — Lorsban insecticide, which also targets pests such as soybean aphids, spider mites and corn rootworm.
Broadband Business Blues
By Katie Dehlinger
DTN Farm Business Editor
MOUNT JULIET, Tenn. (DTN) — Sixty percent of farmers say they don't have enough internet connectivity to run their businesses, and that has influenced critical business decisions and overall profitability, according to a recent study funding by the United Soybean Board.
Whether it's a reliable enough signal in the office to file tax paperwork, the ability to upload yield maps from the tractor to the cloud or turn off the irrigation pivot when it starts to rain, 59% of farmers that participated in the study said they want to incorporate more data into their operations, but many lack the connectivity to do it.
One Illinois farmer quoted in the study said his broadband signal is more reliable than dial-up internet, while cellphone service is touch-and-go. "We're quite a distance from any major metropolitan area, so we don't have strong signals. That means I'm reluctant to buy technology that requires good service or connectivity everywhere.
Trump Signs Japan Deal
October 9, 2019 National Headlines 0
OMAHA (DTN) — A large contingent of agricultural lobbyists joined President Donald Trump at the White House on Monday to sign a partial trade deal with Japan.
The agreement will lower or eliminate tariffs into Japan's markets for about $7 billion in agricultural products.
Several farm leaders joined the president at a White House press conference on Monday. The farm leaders stood stoically behind the president as he largely took questions about Syria, Ukraine and impeachment.
The trade deal puts U.S. agricultural exports to Japan largely on par with countries that joined the Comprehensive and Progressive Trans-Pacific Partnership (CP-TPP) in 2017.
American Farm Bureau Federation President Zippy Duvall attended the signing and the press conference. Duvall said the agreement means lower tariffs on U.S. farm and ranch exports with the prospect of even lower tariffs to come.
"We hope the momentum from this win carries through to the negotiations with China this week and sets the stage for similar bilateral agreements with other countries involved with the CP-TPP," Duvall said.
Cattle Group Challenges USDA on Tagging
OMAHA (DTN) — USDA's plans to mandate the use of radio frequency identification of animals in interstate commerce has drawn the ire of a number of ranchers who are part of a lawsuit attempting to stop the move.
The ranchers, led by the Ranchers Cattlemen Action Legal Fund United Stockgrowers of America, or R-CALF USA, allege in a new lawsuit filed on Oct. 4, in the U.S. District Court for the District of Wyoming, that a 2019 USDA plan on radio frequency identification, or RFID, "unlawfully mandates" the technology in ear tags and other technology for livestock.
The lawsuit said the new plan "quickly phases out the use of other types of animal identification, including those methods specifically approved by final rule issued in 2013" by Jan. 1, 2023. The 2013 rule governs the traceability of livestock moving interstate. It allows branding, non-RFID ear tags, tattoos, group/lot identification numbers and back tags.
Culling Time
By Victoria G. Myers
Progressive Farmer Senior Editor
As fall calving season wraps, many producers avoid the cost of carrying less-productive cows over the winter months by culling the herd. It's a sensible thing to do, but it's also traditionally the time of year when the cull market is at its lowest. What are the options this year?
Start with a herd assessment. Glenn Selk, Oklahoma State University emeritus Extension animal scientist, stresses this should be a well-informed. Cull cows represent about 20% of the gross income for any commercial cow operation these days.
"Ranchers need to make certain cow culling is done properly and profitably," he says. "Selling cull cows when they will return the most income to the rancher requires knowledge about cull cow health and body condition. Proper cow culling will reduce the chance a cow carcass is condemned at the packing plant and becomes a money drain for the entire beef industry."
MAKE A SMART ASSESSMENT
Decide whether or not to cull, based not just on the projected availability of cheap winter feed and space (although these are key consideration) but also on the individual animal's pluses and minuses for the business as a whole.
USDA Announces DMC 2020
OMAHA (DTN) — Dairy farmers may have just finished enrollment for the Dairy Margin Coverage program for 2019, but USDA has just opened enrollment for calendar year 2020.
"We know it's tough out there for American farmers, including our dairy producers," Bill Northey, undersecretary for farm production and conservation, said in a news release. "As Secretary (Sonny) Perdue said, farmers are pretty good at managing through tough times, and we know that more dairy farmers will be able to survive with this 2018 Farm Bill and its risk mitigation measures, like the Dairy Margin Coverage program."
All dairy farmers who want 2020 coverage must visit their local USDA Service Center office to pay the annual administrative fee, which is $100 for the lowest level catastrophic coverage. Producers must visit their local office even if they locked in coverage for five years to take advantage of the 25% premium discount.
Biofuels' New Deal
OMAHA (DTN) — Looking to right the ship with Midwest farmers, the Trump administration on Friday released its long-awaited proposal to restore the Renewable Fuel Standard and reallocate billions of gallons of biofuels granted in waivers to the petroleum industry.
The Environmental Protection Agency will propose rules to ensure that more than 15 billion gallons of ethanol is blended in 2020 and require higher volumes of biodiesel to be blended as well. EPA noted, "This will include accounting for relief expected to be provided for small refineries."
The proposals will go through a rule-making process that includes seeking public comments.
EPA drew scorn in August after the agency announced 31 small refiners had been granted exemptions from the RFS, accounting for 1.4 billion gallons of lost demand for ethanol and biodiesel. That led to negotiations at the White House involving EPA, USDA and key senators to reach a deal.
Spring Forward, Fall Back
By Matthew Wilde
DTN Progressive Farmer Crops Technology Editor
Jason Webster, commercial agronomist for Precision Planting, used the analogy during a recent field day at the company's Precision Technology Institute (PTI), its research farm in Pontiac, Illinois. He told farmers that knifing in anhydrous ammonia, a popular nitrogen (N) fertilizer, after harvest for next year's corn crop may disappear like the once-popular video store chain.
"Ag retailers say you will never get rid of fall (anhydrous) ammonia," Webster told farmers as they surveyed nitrogen research plots. "I told one major retailer, 'Do you ever hear of Blockbuster, beta and VHS anymore?'"
Farm practices evolve with the times, Webster added. Farmers can't afford not strive for continual improvement, and that includes fertilizer.
Agronomic, economic and environmental factors have farmers reevaluating fall-applied N in favor of spring preplant, at planting and with sidedress applications. Advances in fertilizer formulations and applicators also provide increased flexibility on when N can be applied.
Refineries Petition Courts
OMAHA (DTN) — Two small refiners not receiving exemptions to the Renewable Fuel Standard in EPA's latest round of waivers announced on Aug. 9, continue to fight the agency's rejection in federal court. At the same time, agriculture and biofuel interests continue to wait for a potential biofuels deal from the Trump administration.
On Aug. 9, the EPA announced the approval of 31 new small-refinery exemptions to the RFS for 2018 and rejected six total requests. The agency still has two additional requests for 2018 pending.
At this point, two refiners have petitioned federal courts for a review of the EPA's decision. That includes Big West Oil Company in Salt Lake City, Utah, which operates a 31,500-barrel-per-day refiner, and Sinclair Wyoming Refining Company in Sinclair, Wyoming, a 75,000 barrel per day (bpd) facility.
In all, President Donald Trump's EPA has granted 85 exemptions, totaling more than 4 billion ethanol-equivalent gallons not blended in petroleum.
Ag Pushes FMD Vaccine Bank
By Jerry Hagstrom
DTN Political Correspondent
WASHINGTON (DTN) — The National Pork Producers Council, the National Milk Producers Federation and the National Corn Growers Association on Tuesday urged the Agriculture Department to move quickly to implement a bank for vaccines against foot-and-mouth disease.
In a call to reporters, the groups said that an outbreak of foot-and-mouth disease, which can affect cattle, swine and sheep, would be disastrous for meat and dairy producers and for the corn growers that sell feed to animal producers. There has been no outbreak of foot-and-mouth disease in the United States since 1929, but it is endemic in large parts of the world and there is a constant fear that it could spread, the groups said.
"The reason for the call is to encourage them to move forward as quickly as possible" so that USDA's Animal and Plant Health Inspection Service (APHIS) can purchase the volume of vaccines required to effectively contain and eradicate an outbreak, said Liz Wagstrom, the chief veterinarian at the National Pork Producers Council.
Outcome-Based Pricing
MONHEIM, Germany (DTN) — At Bayer's annual Future of Farming Dialogue underway in Germany, company executives are touting their new pricing model, outcome-based pricing, as the potential pricing paradigm of the future.
The model involves Bayer setting an expected yield outcome for a product or seed, based on a farm's data and history stored on the company's digital ag platform, FieldView, as well as the company's own research on their products. If a farmer's final yield falls below that expected value, the company will rebate a certain portion of the original price of the product. If the yield instead surpasses the initial set value, the farmer shares a pre-agreed portion of that additional income with the company.
Many farmers have posed questions and expressed concerns regarding aspects of the model on social media this week. So DTN sat down in Germany with Sam Eathington, chief science officer of The Climate Corporation, a subsidiary of Bayer, to address these questions.
Soggy Sandhills
By Russ Quinn
OMAHA (DTN) — Ranchers in the Nebraska Sandhills have struggled to put up hay because of too much moisture. As a result, many in the region are faced with either buying feed or culling their cow numbers to try to trim feed costs, according to those familiar with the situation.
This is the latest production-related issue Nebraska ranchers have faced following a wet 2018 and severe-weather-related challenges so far in 2019.
MEADOWS UNDER WATER
The Nebraska Sandhills is a unique region of mixed-grass prairie on grass-stabilized sand dunes in the north-central part of the state, making up about a quarter of the state. The Sandhills sit atop the Ogallala Aquifer, which provides a natural water source for both the grass and livestock.
The main source of hay for many ranchers comes from sub-irrigated meadows between the dunes where groundwater is close to the surface. The constant supply of water allows these meadows to yield abundant forages during the growing season.
USDA Grain Reports Flash
By DTN Staff
This article was originally posted at 11:01 a.m. CST. It was last updated at 11:52 a.m.
OMAHA (DTN) — USDA on Monday reported quarterly stocks on September 1 for corn at 2.11 billion bushels and soybeans at 911 million bushels, both coming in lower than the average pre-report estimate by traders.
Monday's Grain Stocks report was bullish for corn and soybeans, neutral for wheat, according to DTN Lead Analyst Todd Hultman.
You can also access the full reports here:
— Small Grains Summary and quarterly Grain Stocks: https://www.nass.usda.gov/…
For DTN's exclusive audio comments on today's reports, visit: http://listen.aghost.net/…
Old-crop corn came in on Sept. 1 at 2.11 billion bushels (bb), down 1% from last year's 2.14 bb.
With the end of the 2018-19 marketing year, that 2.11 bb carries over as the beginning stocks for the 2019-20 marketing years.
The report also shows more usage than expected because the average trader stockpile for Sept.
USDA Grain Reports Review
By Dana Mantini
DTN Senior Analyst
USDA's Sept. 1 Grain Stocks and Small Grain Summary reports turned out to be a big surprise relative to expectations on both corn and soybeans. Corn ending stocks on Sept. 1 were a much lower than expected 2.11 billion bushels (bb) compared to the average trade guess of 2.428 bb and last year's 2.140 bb. Soybean stocks at 911 million bushels (mb) were under the average trade estimate of 982 mb, but 108% higher than last year's 438 mb. Wheat stocks were a greater than expected 2.38 bb compared to the average estimate of 2.318 bb.
As for the Monday markets, December corn futures finished 16 1/2 cents higher at $3.88, November soybean futures rose 23 cents to $9.06, Chicago December wheat was 8 1/2 higher at $4.95 3.4, Kansas City December was up 7 1/2 cents at $4.15 and Minneapolis December closed 3 1/4 lower at $5.43 3/4.
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Seniors fight the NHS rip off
April 6, 2017 April 6, 2017 / tmulhearn47
MERSEYSIDE PENSIONERS ASSOCIATION NEWS RELEASE
NHS Protest 'In The Spirit Of The Suffragettes'
Keep our NHS Public!
On Tuesday April 11 The Merseyside Pensioners Association (MPA) will be leading a chorus of protest in the spirit of the suffragettes before the meeting of the Liverpool Clinical Commissioning Group (CCG).
The MPA is calling on all Merseysiders who are alarmed at continuing cuts in NHS services to join them in the protest. Please assemble with your banners and posters outside the Lewis's building, Renshaw Street at 1.30pm.
Chair of the MPA Julie Lyon-Taylor said "Liverpool NHS bosses have given themselves a 50% pay increase as a reward for running down our precious NHS meanwhile pensioners are blamed for using too many beds. The reality is that social care has been slashed by the government and many pensioners can't be sent home because there is no care for them in the community. Everyone is suffering because of privatisation and budget cuts". She added: "The CCG are a law unto themselves. It is clear in Liverpool they can do as they please and believe they do not answer to anyone. We are determined to raise the issue of the salary increases at the meeting".
Pensioners decided to protest following the outrageous revelation that the CCG chairman Nadim Fazlani got a £50,000 rise. Most of the pay rises relate to the 2014-15 financial year when the chair's salary rose from approximately £105,000 to £155,000. Deputy CCG chairman Prof Maureen Williams saw an increase of at least a third, from £70,000-£75,000 to £100,000 while the chief officer and chief finance officer both received rises of about 15%. After six years of pay restraint and a 14% real-terms loss of income NHS workers were recently given a derisory 1% pay increase. This amounts to less than £5 a week for most midwives, nurses, cleaners paramedics, radiographers and other healthcare staff.
For further information contact media officers:
Tony Mulhearn 07939098455 or Phil Maxwell 07884492875
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IP Law Daily Lexmark's foreign sales and restricted U.S. sales did not exhaust patent rights in toner cartridges
Lexmark's foreign sales and restricted U.S. sales did not exhaust patent rights in toner cartridges
Inkjet toner cartridge manufacturer Lexmark International's patent rights were not exhausted upon the first authorized sale, either domestically or abroad, by Lexmark of its products to end users, the U.S. Court of Appeals for the Federal Circuit has held in an en banc decision (Lexmark International, Inc. v. Impression Products, Inc., February 12, 2016, Taranto, R.). The uncodified doctrine of patent exhaustion was not disturbed by recent U.S. Supreme Court decisions, including a case establishing the applicability of the first-sale doctrine to copyright infringement claims over textbooks first sold abroad and then resold in the United States. Under the doctrine, Lexmark could enforce otherwise-proper restrictions on resale and reuse communicated to the buyer at the time of sale. Accordingly, reseller Impression Products, Inc., infringed Lexmark's patent by selling, in the United States: (1) remanufactured inkjet cartridges that had originally been sold outside of the U.S. and (2) cartridges that were first sold in the U.S. under Lexmark's discounted Return Program, in violation of the program's restrictions.
Infringement dispute. Lexmark made and sold printers, and toner cartridges for its printers. A number of Lexmark-owned patents covered its cartridges and their use. The cartridges at issue were first sold by Lexmark, some abroad and some in the United States. Some of the foreign-sold cartridges and all of the domestically sold cartridges at issue were sold, at a discount, under the Return Program, subject to an express restriction that they would be used only once and would not be resold.
Impression acquired the cartridges in order to resell them in the United States—the restricted ones after a third party physically modified them to enable re-use in violation of the single-use/no-resale restriction. Impression resold the patented Lexmark cartridges in the United States, and it imported those it acquired abroad, without affirmative authorization from Lexmark and, for the restricted cartridges, in violation of the express denial of authorization to engage in resale and reuse. It was undisputed that Lexmark's patents were valid and enforceable and that they covered the cartridges Impression was importing and selling.
Patent exhaustion doctrine. The patent exhaustion doctrine provides that the authorized sale of a patented product exhausts the patent holder's patent rights and prohibits suits against downstream users for patent infringement. Unless the fact that Lexmark initially sold the cartridges constituted a grant of authority that made Impression's later resale and importation non-infringing under the doctrine of exhaustion, Impression's actions infringed under 35 U.S.C. §271, the court said.
In separate decisions involving first sales abroad and first sales in the U.S., respectively, the federal district court in Cincinnati found that: (1) the U.S. Supreme Court's 2012 decision in Kirtsaeng v. John Wiley & Sons, Inc., 133 S.Ct. 1351, did not overturn the Federal Circuit's 2001 decision in Jazz Photo Corp. v. International Trade Commission, 264 F.3d 1094, such that Lexmark's patent rights were exhausted upon the first authorized sale abroad and (2) Lexmark's patent rights were exhausted for patented cartridges that were first sold in the U.S. under the company's discounted Return Program. With the parties' agreement, the district court entered a stipulated final judgment. The judgment was (1) for Impression as to the Return Program cartridges whose precursors Lexmark had sold in the United States and (2) for Lexmark as to cartridges whose precursors Lexmark had initially sold abroad.
Both parties appealed. The Federal Circuit sua sponte ordered the appeal to be heard en banc and requested briefs on whether it should reverse prior cases holding that the exhaustion doctrine is not triggered when the first authorized sale is outside the United States and that the doctrine does not apply to "conditional" sales.
Patent Act's treatment of first sales. Section 271 provides that whoever "without authority" during the term of a patent "makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention" engages in patent infringement. Nothing in the Patent Act superseded the Section 271 requirement of authority from the patentee before a person in Impression's position was permitted to engage in the itemized acts without infringing. In this respect, the Federal Circuit stated, the Patent Act differed from the Copyright Act. The Copyright Act gives a right of sale to certain article owners; the Copyright Act's infringement, importation, and exclusive-rights provisions are subservient to that express guarantee. In contrast, the Patent Act does not contain a congressionally prescribed exhaustion rule, let alone a provision making the express definition of infringement and rights to exclude subservient to such an exhaustion rule. In the Patent Act, the court explained, it was a conferral of "authority" by the patentee that was needed in order for the actions listed in Section 271(a) not to constitute infringement.
Conditional sales in the United States. Impression asserted that the Federal Circuit's holding in Mallinckrodt, Inc. v. Medipart, Inc., 976 F.2d 700 (1992), was at odds with subsequent Supreme Court precedent. In Mallinckrodt, the Federal Circuit held that a patentee, when selling a patented article subject to a single-use/no-resale restriction that is lawful and clearly communicated to the purchaser, does not by that sale give the buyer, or downstream buyers, the resale/reuse authority that has been expressly denied. According to Impression—and the district court—the U.S. Supreme Court, in Quanta Computer, Inc. v. LG Elecs., Inc., 553 U.S. 617 (2008), held that any authorized sale exhausts patent rights and that any conditions on the sale, if they amount to valid agreements, are properly enforced via contract law, not patent law.
In the Federal Circuit's view, Quanta was distinguishable from Mallinckrodt. In Quanta, the Court did not have before it or address a patentee sale at all, let alone one made subject to a restriction; rather, Quanta involved a sale made by a separate manufacturer under a patentee-granted license conferring unrestricted authority to sell. Therefore, Quanta had no bearing on the issue of restricted sales by a patentee. In the Federal Circuit's view, Quanta did not undermine the holding in Mallinckrodt that a patentee can preserve its patent rights through restrictions on its sales. The court concluded that a patentee may preserve its Section 271 rights when itself selling a patented article, through clearly communicated, otherwise-lawful restrictions.
The court noted that Supreme Court precedent allowed a patentee to preserve its patent rights by authorizing a manufacturing licensee to make and sell a patented article under an otherwise-proper restriction, including a restriction on the buyer's post-purchase use. It saw no reason to make a distinction in cases in which the products at issue were made and sold by the patentee itself. Moreover, Impression had not claimed that the restrictions at issue violated antitrust, patent-misuse, or similar constraints, and there was no evidence that the Federal Circuit's longstanding interpretation of the exhaustion doctrine had resulted in harms in the marketplace.
Accordingly, the Federal Circuit reversed the district court's judgment of non-infringement as to the cartridges first sold in the United States under Lexmark's Return Program. The case was remanded for entry of a judgment of infringement in favor of Lexmark.
Sales abroad. With respect to the cartridges first sold abroad, the Federal Circuit concluded, as it did in Jazz Photo, that there was no legal rule that U.S. rights are waived, either conclusively or presumptively, simply by virtue of a foreign sale, either made or authorized by a U.S. patentee. In Jazz Photo and subsequent cases, the Federal Circuit held that the foreign sale of a U.S.-patented article, when the sale was either made or authorized by the U.S. patentee, did not, standing alone, confer on the buyer "authority" to import the item into the United States or to sell and use it in the U.S., and therefore did not save those acts from being infringing under Section 271(a).
The Supreme Court's decision in Kirtsaeng did not undermine the no-exhaustion conclusion of Jazz Photo, the Federal Circuit said. The text construed inKirtsaeng had no counterpart in the Patent Act. In Kirtsaeng, the Court interpreted Section 109(a) of the Copyright Act, which states that "the owner of a particular copy … lawfully made under this title … is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy." The Court held that Section 109(a)'s guarantee applied to copies manufactured outside the United States. Kirtsaeng, the Federal Circuit reasoned, said nothing about patent law; furthermore, even in the context of copyright law, it did not address the question of whether a sale constituted a grant to a buyer of authority to engage in otherwise-prohibited acts of importation, sale, and use.
Accordingly, the Federal Circuit analyzed the exhaustion issue in its own patent-law context, without regard to Kirtsaeng. The Patent Act question, the court said, was whether a foreign sale of a U.S.-patented article made or authorized by a U.S. patentee, standing alone, conferred on the buyer authority to import the article into the United States and sell and use it in the U.S., even though such an act would be infringing in the absence of authority.
"The best answer to that question, we conclude, is that such a foreign sale does not confer such authority," the court stated. "A U.S. patentee, simply by making or authorizing a foreign sale of an article, does not waive its U.S. rights to exclude regarding that article, either conclusively (no matter how clear the reservation of U.S. rights) or only presumptively (subject to sufficiently clear preservation of U.S. rights)."
Accordingly, the Federal Circuit affirmed the district court's judgment of infringement as to the cartridges first sold abroad.
Dissenting opinion. Circuit Judge Timothy B. Dyk wrote in dissent, joined by Circuit Judge Todd M. Hughes. In Judge Dyk's view, Mallinckrodt and Jazz Photowere no longer good law. Mallinckrodt, he opined, was wrong when decided and, moreover, could not be squared with Quanta, which, Judge Dyk said, established an explicit domestic exhaustion rule.
Judge Dyke wrote that he would retain Jazz Photo insofar as it held that a foreign sale did not in all circumstances lead to exhaustion of United States patent rights. However, in his view, a foreign sale did result in exhaustion if an authorized seller had not explicitly reserved the U.S. patent rights.
The case is Nos. 2014-1617 and 2014-1619.
Attorneys: Constantine L. Trela, Jr. (Sidley Austin LLP) for Lexmark International, Inc. Edward F. O'Connor (Avyno Law, P.C.) for Impression Products, Inc.
Companies: Lexmark International, Inc.; Impression Products, Inc.
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