An HP patent on a chip in printer cartridges is invalid. That’s what the Supreme Court decided, reports Tweakers. This puts an end to a patent dispute of many years between the company and 123inkt.
That case started at the end of 2014. At the time, HP stated that 123inkt private label cartridges infringed an HP patent because the chips on the cartridges had too many similarities. Those chips are needed to validate cartridge data.
The printer manufacturer went to court, but lost the case in 2015. The judge agreed with 123inkt that the patent was not new and innovative. However, HP did not leave it at that and appealed. In 2017 there was a verdict and again 123inkt was right. HP then decided to appeal to the Supreme Court. And that judge has now also pronounced a verdict.
The Supreme Court follows the earlier judgment of the Court of Appeal in The Hague. As a result, 123inkt is definitively right and HP can no longer appeal. In addition, the webshop can continue to sell its own branded cartridges and HP has to pay the costs incurred by the webshop during the business. This represents an amount of 66,957 euros. According to 123inkt, HP itself has spent more than half a million on lawyers’ fees.
Gerben Kreuning of 123inkt says he is pleased with the ruling of the High Council. That is why, according to him, “it is definitively clear that what we do, is allowed”. “Fortunately, we have not been deterred by HP’s display of power. When I’m wrong, I admit it without any effort, but, when I’m not wrong and power games are played, I think: come on, I’m not afraid of you! and see the great result here.”
HP says in a statement that it does not agree with the Supreme Court’s ruling. “HP has successfully applied the same European patent in other countries. We study the ruling to understand the basis of the decision, especially since the court considers our patent valid. HP is making huge investments in developing innovative products for our customers and we will actively defend our intellectual property rights, in the Netherlands and abroad.”
Update 26 April 2019: HP statement.This news article was automatically translated from Dutch to give Techzine.eu a head start. All news articles after September 1, 2019 are written in native English and NOT translated. All our background stories are written in native English as well. For more information read our launch article.