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Samsung wins part of case in Dutch lawsuit against toner dealers

January 14, 2014

Three companies are banned from selling infringing toner cartridges, though the OEM did not win in terms of other claims in the case.

District Court of The Hague

District Court of The Hague

Computable reported on the court in The Hague’s decision to impose the sales ban on three unnamed dealers, which were accused earlier this month of distributing cloned toner cartridges that infringed Samsung’s patents.

The companies accused own shops that the OEM accused of distributing non-licensed, non-OEM toner cartridges. It was not revealed which companies had lost that aspect of the case against the OEM in the latest developments, which began in November 2013 when the OEM submitted an application for an injunction, with the hearing taking place in the District Court of The Hague in December. A source revealed that Samsung had only triumphed in one aspect of the case, with other claims rejected by the court.

The cloned cartridges purportedly infringe Samsung’s patents as they are an imitation of the OEM’s cartridge design and infringe “the part of the cartridge that collects used toner and the contact point of the IC chip that the printer and the toner recognise each other”.

The Recycler reported in December that Samsung had also taken action against seven new-build resellers in Germany over distributing illegal new-build toner cartridges; with the OEM stating the lawsuits are intended to protect “consumers and companies that produce and sell eco-friendly remanufactured toner cartridges”.

The OEM stated of the sales ban decision: “Samsung is pleased with the verdict of The Hague tribunal. We want to protect the rights and interests of consumers, but also those of companies that manufacture environmentally-friendly reusable cartridges.”

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