I 100% agree with this statement. Where I am confused from the posting is whether or not Epson is going after companies that specialize in refilling cartridges, if they are only targeting third-party manufacturers of new cartridges, or both. Prosecuting third-party manufacturers of new cartridges is fully within their rights as a patent holder.
I DO take exception to them going after those refilling existing cartridges. I don't see any patent infringement there, because they are not manufacturing any new hardware. From the standpoint of physicall property, that would be the same thing as prosecuting me for buying Staples paper to go in my Office Depot 3-ring binder. From an intellectual property standpoint, it is no different than the colleges who sell textbooks over and over again without compensating the author or publisher for lost royalties. As far as I can see, there is room for additional legal debate here.