December 8, 2016
The OEM won one case at the Court of the Hague against two companies over patent infringement, but lost another.
The case ruling, which you can view here (in Dutch), concerned intellectual property, with HP Inc suing Benson Image, Top Printing and Aigostar, and related to infringement of an inkjet printhead. The case saw HP Inc aim to ensure all the defedants “cease all direct or indirect infringement” of a specific European patent – EP 1 737 669 “and desist” selling the products said to be infringing the patent.
The court decided that Top Printing and Benson Image “with immediate effect […] desist from any infringement” of the patent, as well as sell, rent, supply “or stock” infringing products, requiring them “within two weeks” of the ruling to “destroy” the stock of cartridges “insofar as they are located in the Netherlands”, and provide evidence “that such destruction has taken place in full and on time”.
In turn, both companies had to provide “a detailed written statement” within two months of the judgement as well as “copies of all relevant supporting documents” relating to the infringing products, such as “the cost, purchase, sales and origin” as well as “the marketing of these”; pay “profits to HP” gained from the infringement as well as provide “earning statement[s]”; and “declare the supplier(s), producer(s), intermediaries” and other parties that are “part of the distribution chain”.
Both Top Printing and Benson Image were also asked to, “within seven days” of the judgement, to write to or email all customers that have bought the infringing cartridges and ask them to return them “within two weeks with the offer to compensate the invoice price and transport costs”. Both were required to pay penalties of €100 ($107.98) “per infringing cartridge”, as well as to pay HP Inc’s legal costs, “estimated at” €56,680 ($61,202).
In the case of Aigostar however, the court rejected the claims of infringement, and ordered HP Inc to pay “the costs of the proceedings” of around €28,340 ($30,601).
Categories : Around the Industry