Looking at the Epson site - see "News" I found this...
looks like it is legal for 3rd party vendors (like Cone, et.al.) to refill original Epson carts as long as the cart was originally sold in the U.S. market.
Is there now a 'market' for empty used Epson carts? - that would certainly resolve my growing collection of Epson carts from various printers - and maybe save us all some $. Hopefully, some 'class' vendors who market quality inks will see the potential here - and do something creative.
"The General Exclusion Order and Cease and Desist Orders do not bar imports or resale of non-infringing cartridges, like non-infringing refilled cartridges. Resellers should be cautious, however, to avoid liability by noting the following legal parameters:
1. Refilling an infringing cartridge, like an infringing aftermarket cartridge, still results in another infringing cartridge.
2. Refilled cartridges that were Epson branded cartridges must have been first sold by Epson to consumers in the United States. A "first sale" exception to patent law allows the resale of refilled patented devices that were first sold in the United States by the patent holder. Cartridges that were first sold by Epson to consumers outside the United States and refilled by a third party still infringe Epson's patents. Epson officials have observed that some suppliers commingle cartridges first sold by Epson in the United States with cartridges first sold to consumers outside the United States in identical packaging, so resellers cannot reliably avoid liability for patent infringement.
3. The refilling process must be limited to legally permissible repair to restore the cartridge to usable condition, but the cartridges cannot be completely reconstructed. Legally permissible repair includes refilling the ink, resetting the IC chip, removing or covering Epson labels, and repackaging.
4. Refilled cartridges must be prominently described at point of sale and on packaging as "refilled" or "remanufactured." Any Epson trademarks must be removed so consumers cannot be misled into believing that the cartridges were refilled or approved by Epson.
