HP Broadens Fight Against Infringing Cartridge Sales in Europe
PALO ALTO, Calif. — HP today announced legal actions in Europe to fight the sale of infringing inkjet cartridges.
First, HP has announced that it has concluded litigation in Germany against Frankfurt-Am-Main–based BestUse GmbH in two separate cases. The first case regarded the sale of inkjet cartridges that infringe HP patents.(1) The second case pertained to the sale of newly made inkjet cartridges as “remanufactured.” In both cases, BestUse GmbH refused to defend itself, and as a result the court in Düsseldorf returned two verdicts that confirmed all the claims raised by HP. The court has ordered BestUse to pay HP’s legal costs, and provide information to HP regarding its suppliers.
Second, as part of a wider patent enforcement program in Poland, HP has reached settlement agreements with several companies regarding the sale of infringing inkjet print cartridges in Poland. Those companies are:
- ABC Data S.A. of Warsaw, reseller of Modecom brand inkjet cartridges
- Komputronik S.A. of Poznan, owner of Accura brand inkjet cartridges
- Modecom S.A. of Ołtarzew, owner of Modecom brand inkjet cartridges
- Praxis S.A. of Warsaw, owner of ePrimo brand inkjet cartridges
- Scot Sp.z o.o. of Modlniczka, distributor of Printe branded inkjet cartridges
- Kris Krzysztof Muszalski of Czestochowa, owner of Expression brand inkjet cartridges
Upon being contacted by HP, each of these companies confirmed that the HP patents are valid and enforceable, that the products are covered by these patents and that the company would cease from offering or selling products in Poland and other countries where those patents are registered.(2) In addition, the companies in question withdrew the remaining inventory from the market and arranged for destruction of the inventory.(3) HP also was reimbursed for its legal costs.
Finally, in relation to a past settlement agreement concluded with HP in 2012, Warsaw-based Action S.A. resolved a disagreement with HP concerning the sale of inkjet print cartridges that infringe HP patents. Action has agreed to abide by its commitments to not import or sell infringing inkjet print cartridges, has agreed to an extended recall of infringing Actis and ActiveJet print cartridges, and has compensated HP for its legal costs.
HP continues its previously announced patent infringement litigation against Bielany Wrocławskie–based Black Point S.A., owner of the Polish brand Black Point, relating to HP’s integrated printhead inkjet cartridges.
“HP remains committed to ensuring its investments in high technology products and intellectual property remain protected, and thus HP continues to be a differentiated supplier of innovative printing solutions to its customers,” said Matthew Barkley, program manager, Worldwide IP and Brand Protection, HP. “As the appeal of HP’s printing solutions continue to grow around the world, so do our efforts to protect HPs customers and valued channel partners.”
Additional information about Original HP supplies is available at www8.hp.com/us/en/prodserv/ink-toner-paper.html.
(1) The products involved in the litigation were HP 344, HP 920 and HP 940 inkjet cartridges.
(2) Collectively, the settlements cover a number of cartridges, including HP 21, HP 22, HP 27, HP 28, HP 56, HP 57, HP 300, HP 301, HP 336, HP 337, HP 338, HP 339, HP 342, HP 343, HP 344, HP 350, HP 351, HP 703, HP 704 and HP 901. In countries outside of Europe, the HP 300, HP 301, HP 336, HP 337, HP 338, HP 339, HP 342, HP 343, HP 344, HP 350 and HP 351ink cartridges may be known by different product numbers.
(3) The requirement to withdraw and destroy products did not apply to ABC Data.
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