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Industry

HP loses patent case for third time

A lengthy court case has concluded in favour of a Dutch inks manufacturer, following HP’s claim of patent infringement.

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HP has lost in court for the third time

Back in 2014, HP sued 123inkt.nl, a Dutch supplier of printer inks, on the grounds that the memory chip on 123’s inks private label cartridges infringed on a HP patent.

The Dutch firm argued that HP’s patent on the chips was “neither new, nor innovative” and that HP had abused patent law to “wrongly obtain a monopoly on cartridges for HP printers.” In November 2015, the court ruled in favour of 123inkt.nl.

HP appealed the decision and the patent was confirmed invalid by the court, to which HP appealed to the Supreme Court in Holland. The court ruled on April 19th and confirmed the judgment of the Court of the Hague.

Director Gerben Kreuning of 123inkt.nl comments: "I am pleased with this ruling by the Dutch Supreme Court, which definitively makes it clear that what we do is completely legal. Fortunately, we were not deterred by HP's display of power.

… we will continue to actively protect our intellectual property rights in the Netherlands and abroad

“When I'm wrong, I have no problem admitting it, but when I'm not wrong and power games are played, I say, "Come on, I'm not afraid of you!" and now we see Holland's highest court agrees with that opinion.”

HP must now cover the legal costs of 123inkt.nl, as well as footing its own fees. 

In a statement, HP says: “We disagree with the court's ruling. HP has successfully enforced the same European patent in other countries and is studying this ruling to understand the basis for their decision, particularly given the court's finding that our patent is valid.

"HP makes a tremendous investment in developing innovative products for our customers and we will continue to actively protect our intellectual property rights in the Netherlands and abroad."

If you have a news story, email summer@linkpublishing.co.uk or follow us on Twitter and LinkedIn to join the conversation. 


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