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Samsung wins Dutch IP case

December 7, 2016

The District Court of The Hague

The District Court of The Hague

The OEM won a case at the Court of The Hague against two Dutch companies over patent infringement.

The case ruling, which you can view here (in Dutch), concerned intellectual property, with Samsung suing Maxperian and Digital Revolution, who were among those sued by the OEM two years ago, in a case that the OEM initially lost. However, the OEM continued to fight, and 123inkt.nl, which owns Digital Revolution, eventually won an appeal in this specific case in 2015.

This latest case makes mention of the earlier cases, and the OEM was aiming to stop infringement in relation to toner cartridges, with reference made to counterclaims by Maxperian in particular against the OEM. The court’s decision reflected separate areas of the case, and saw it order Maxperian to withdraw patent-infringing products “within five days” of the judgement (which would have been 5 December, as the ruling was made on 30 November).

In turn, Digital Revolution was also told to remove “unlawful comparative advertising”, with both companies to pay the OEM €10,000 ($10,730) “for each violation of the orders”, or the patents that were infringed. Samsung also had the option to ask for €10,000 per day “that the violation continues” to a maximum figure of €1 million ($1.07 million).

Both companies are also to “provide a written statement of the number of sold infringing products, the corresponding turnover and the profit that was achieved”, as well as buyers and suppliers of the products’ details, with this needing to be undertaken “within two months of notification”. Both were also set to have to pay Samsung “within a period of 30 days” damages to Samsung.

Finally, both companies – within 48 hours of the judgement – needed to post a notice of the judgement “at least a quarter of the screen height and having at least a 16 point font” for two weeks, stating that “the court in the Hague ruled in a judgement […] that several of our private label printer cartridges infringe intellectual property rights […] and may no longer be offered”. Both were also commanded to send this out in a letter or email “within 14 days” to all customers.

Both companies were required to destroy all returned infringing products, as well as those in stock, at their “own expense” within 60 days of the judgement, and hand in a receipt of proof. Maxperian’s costs in reimbursing Samsung’s legal fees were estimated at €123,354.22 ($132,368.51), while Digital Revolution’s were said to total €123,424.60 ($132,444.03), with further legal costs to be paid of €6,410.63 ($6,879.09).

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