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.
This news release contains forward-looking statements that involve risks, uncertainties and assumptions. If such risks or uncertainties materialize or such assumptions prove incorrect, the results of HP and its consolidated subsidiaries could differ materially from those expressed or implied by such forward-looking statements and assumptions. All statements other than statements of historical fact are statements that could be deemed forward-looking statements, including but not limited to statements of the plans, strategies and objectives of management for future operations; any statements concerning expected development, performance, market share or competitive performance relating to products and services; any statements regarding anticipated operational and financial results; any statements of expectation or belief; and any statements of assumptions underlying any of the foregoing. Risks, uncertainties and assumptions include the need to address the many challenges facing HP’s businesses; the competitive pressures faced by HP’s businesses; risks associated with executing HP’s strategy and plans for future operations; the impact of macroeconomic and geopolitical trends and events; the need to manage third-party suppliers and the distribution of HP’s products and services effectively; the protection of HP’s intellectual property assets, including intellectual property licensed from third parties; risks associated with HP’s international operations; the development and transition of new products and services and the enhancement of existing products and services to meet customer needs and respond to emerging technological trends; the execution and performance of contracts by HP and its suppliers, customers, clients and partners; the hiring and retention of key employees; integration and other risks associated with business combination and investment transactions; the execution, timing and results of restructuring plans, including estimates and assumptions related to the cost and the anticipated benefits of implementing those plans; the resolution of pending investigations, claims and disputes; and other risks that are described in HP’s Annual Report on Form 10-K for the fiscal year ended October 31, 2013, and that are otherwise described or updated from time to time in HP’s Securities and Exchange Commission reports. HP assumes no obligation and does not intend to update these forward-looking statements.
© 2014 Hewlett-Packard Development Company, L.P. The information contained herein is subject to change without notice. The only warranties for HP products and services are set forth in the express warranty statements accompanying such products and services. Nothing herein should be construed as constituting an additional warranty. HP shall not be liable for technical or editorial errors or omissions contained herein.
HP creates new possibilities for technology to have a meaningful impact on people, businesses, governments and society. With the broadest technology portfolio spanning printing, personal systems, software, services and IT infrastructure, HP delivers solutions for customers’ most complex challenges in every region of the world. More information about HP (NYSE: HPQ) is available at http://www.hp.com