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Samsung loses summary proceedings in Dutch IP case

November 6, 2014

The OEM has lost a lawsuit against four inkjet cartridge dealers in the Netherlands.

District Court of The Hague

District Court of The Hague

Computable.nl (Dutch) reported on the case, which echoes earlier Samsung cases taken up in the Netherlands and Germany in January and last December respectively. The news outlet stated that Samsung “wanted to ban the sale of some brand[s of] inkjet cartridge” sold by the four companies “due to the use of a particular chip”, which breaches a European patent granted to the OEM, but the District Court at The Hague has decided against the OEM.

The defendants in the case – A1 Interflow, Dark Stone, Digital Revolution and Maxperian – stated their belief that “the patent on the chip is not inventive, and the patent by Samsung therefore wrongly used” against the sale of cartridges sold by these companies in the Netherlands. The judge’s ruling in the summary proceedings stated that “the patent […] is unlikely to be inventive”, and that there is a “high probability that the patent is declared invalid in proceedings”.

This meant in turn that “all [the] claims [from] Samsung were therefore rejected”, with the court denying that Samsung has “exclusive rights to this patent”, and though proceedings “can clarify this”, whether such proceedings will actually occur “is still unknown”. The OEM is set to have to pay legal costs incurred by the companies of around €78,400 ($98,057).

Gerben Kreuning, Director of Digital Revolution’s webshop 123inkt.nl, commented: “Our brand cartridges are made ??with respect for intellectual property such as patents. Our customers think it is important that an affordable and high quality alternative is offered for their printer cartridges. The court agrees with us that the patent of Samsung [is] probably invalid, and we can continue to sell our brand cartridges.”

The case in January saw Samsung win part of the case, banning three companies from selling infringing toner cartridges, though another defendant, PrintAbout, saw all but one of the OEM’s claims against it rejected at The Hague, with the company stating the judgement might have “significant consequences” for the OEM’s EU patent actions corresponding to toner cartridges.

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