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123inkt wins appeal against Samsung

April 29, 2015

The Dutch company, also known as Digital Revolution, will be permitted to “continue to sell its own brand toners for Samsung printers”.

The Hague

The Hague

Emerce (Dutch) reported on the ruling at The Hague Court of Appeal in favour of 123inkt.nl in a “patent dispute” with Samsung, with the judge ruling that “all claims have been rejected” and the company “may continue to sell its own brand toners for Samsung printers”.

Digital Revolution had previously won the case against Samsung in the Netherlands last November alongside three other defendants, with the OEM in that case wanting to “ban the sale of some brand[s of] cartridge […] due to the use of a particular chip”, which breaches a European patent granted to the OEM, but the court decided against the OEM.

This latest case saw Samsung appeal this decision, and demand that the company “stop selling” its own brand toners, as “the positioning of a certain chip on these toners would violate a patent”. The judge this time rejected the appeal, and Emerce stated that “even the patent” could be “annulled in the ongoing substantive proceedings” due to its “non-inventive” nature.

Gerben Kreuning, Director of the company, stated: “This decision is really fantastic! Not only should we just go ahead with the sale of our cartridges, but the judge ruled on two occasions that the patent of Samsung really is nonsense! Samsung thinks [that] by capturing a totally distinctive technology [it can] achieve a monopoly position.”

The company was also recently accused in court by HP of using misleading “rebuild” claims on its website about new-build toner cartridges, and was forced to post a rectification on its website after the judgement in HP’s favour.

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