HP and 123Inkt Battle On in Court
The Supreme Court of the Netherlands issued final decisions on December 24, 2021, in which it rejected appeals from both Stichting 123Inkt-Huismerk Klanten (123Inkt Foundation) and HP.
HP and 123inkt.nl have been in and out of court with each other for the best part of a decade, with both sides claiming victories along the way.
123inkt.nl set up a foundation in response to HP printer firmware updates that locked out its third-party cartridges in its customers’ printers.
The Supreme Court rejected 123Inkt Foundation’s appeal over HP’s allegedly illegal use of its Dynamic Security software. This means the Amsterdam Court of Appeal’s 2019 ruling will stand. HP had been ordered to pay damages to 123Inkt Foundation but was allowed to continue to use its Dynamic Security upgrades in its printers. . 123Inkt was seeking the Supreme Court to go further and issue a ban.
At the same time, HP had also lodged an appeal on the Amsterdam Court of Appeal’s 2019 ruling. It argued that the wording of the Amsterdam Court of Appeal’s judgment was inadequate and partly incorrect information about the 2016 firmware upgrade.
The Supreme Court of the Netherlands followed a non-binding opinion from the Attorney General in July 2021 that both parties’ appeals should be rejected.
This latest Supreme Court decision means
- HP can continue to use its Dynamic Security in printer upgrades in the Netherlands;
- 123Inkt must pay HP’s costs for these proceedings being €902.34 (US$1,023) in disbursements and €2,200 (US$2,495) for salary;
- HP is still expected to pay €192,000 (US$217,700) in damages to 123Inkt as ordered at the Amsterdam Court of Appeal in 2019.
123Inkt advises that it still has another case against HP before the Amsterdam District Court alleging “that HP’s use of Dynamic Security in certain HP printers constituted a violation of competition law and unfair and misleading commercial practices and advertising.”
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