April 15, 2014
The letter, written on behalf of Samsung by law firm AKD on 4 April 2014, has been circulated to resellers of Uprint cartridges warning them that they are “making unauthorised use of Samsung’s intellectual property rights […] by selling cartridges that are compatible with Samsung’s printers in which the patented technology is applied”, with the patents – numbers EP2325701 B1 and EP2037327 B1 – relating to “state of the art technique alia relating to ink and/or toner supplying apparatus and methods for the ink and/or toner supply”.
The Uprint toner cartridges in question include CLT-K4072, CLT-Y4072, CLT-M4072, CLT-C4072, CLT-K4092, CLT-Y4092, CLT-M4092, CLT-C4092, CLT-K406, CLT-Y406, CLT-M406 and CLT-C406; with the letter stating that as a result of the sale of these cartridges Samsung “suffers and will continue to suffer serious damages to its printer business and its reputation” and so it holds the reseller “liable for all damages it suffers as a result of the infringement”.
The letter adds that Samsung “has used its best endeavours to discover the identity of the supplier of the products” but has been “unable to trace the manufacturer or supplier” and so it “has no other option than to address the issue with your company as being a reseller” of the infringing products.
To resolve the matter, the letter concludes that unless the reseller is able to justify why it would be “allowed to commercialise the relevant products”, Samsung now seeks “written acknowledgement that you will stop selling products infringing the above mentioned patents and release and transfer these goods to Samsung for the purpose of destruction, at your expense, by or under the supervision of a party to be appointed by Samsung”.
The OEM also asks for details of the reseller’s supplier, of the amount of goods supplied and sold and of the “corresponding pricing details”; with an “adequate reply” needed before 14 April 2014 as “Samsung reserves its right to make further and additional claims and take legal action without prior notice” should a response not be received.
Also within the letter it is stated that Samsung “has started main proceedings in the Netherlands and Germany against certain companies” based on the alleged infringement of the same patents, with The Recycler reporting in December and January that the OEM was taking action against seven resellers in Germany and four in the Netherlands respectively.
It was later reported that a sales ban was imposed by the Court of The Hague on three of the dealers in The Netherlands; while PrintAbout saw all but one of Samsung’s claims against it rejected by the same court.
Categories : World Focus