HP Reveals New Patent Legal Actions

HP has announced a series of global legal actions to fight against the sale of infringing inkjet cartridges.

In the Netherlands, HP has initiated three separate litigation cases against Digital Revolution B.V. of Nederhorst den Berg. Digital Revolution operates the online printing supplies shop 123inkt.nl in the Netherlands, and under different names in other countries in Europe. HP claims the new ink tank cartridges compatible with HP 364 and HP 920 ink supplies sold by the company infringe two HP patents. The trial date is set for October 2015. The second complaint alleges unfair competition for the act of selling newly manufactured toner cartridges as “totally rebuilt”, intentionally misleading consumers that the product is recycled and remanufactured. This case is in summary proceedings with the oral hearing set for February 2015. All cases have been filed before District Court in The Hague, a specialized patent court that also handles a significant amount of unfair advertising claims.

In Spain, HP has lodged complaints against 11 different companies concerning infringement of two HP patents. The two main entities engaged are Tintas y Toner Shop Ink, S.L.U., and Vasco Informática, S.L.. The OEM maintains the defendants infringed two HP patents in the sale of newly manufactured inkjet printhead cartridges compatible with such HP print cartridges as the HP 21, HP 22, HP 56 and HP 57 ink supplies.  The complaint has been filed in the Commercial Court Nº 5 in Barcelona.

In Poland, the OEM has closed settlements with four companies concerning the sale of ink tank and inkjet printhead cartridges which infringe HP patents.  The companies involved are Chameleon S.A. of Opole, ePrimo.pl Sp. z o.o. of Warsaw, Telforceone S.A. of Wrocław and Rafcom Rafał Ziółkowski of Warsaw. Separately, HP’s patent litigation continues against Black Point S.A. of Wroclaw, with the OEM expecting a ruling in 2015.

In China, the OEM has filed patent litigation actions against Speed Infotech Ltd. of Shanghai and Jingying Technology of Shenzhen. Speed Infotech is allegedly the authorized distributor of compatible inkjet cartridges in China for Microjet Technology Co. of Taiwan. Jingying Technology is allegedly the manufacturing entity responsible for the domestic assembly and sale of compatible cartridge components manufactured by 3-Ink Technology Co., Ltd of Taiwan.  The claims against Speed Infotech involve infringement of three different HP patents in the distribution and sale of inkjet printhead cartridges compatible with the HP 816, HP 817, HP 860XL, HP 861XL and HP 818XL (black and color) ink supplies.  Jingying Technology was claimed to have infringed he same three HP patents by manufacturing, distributing and selling inkjet printhead cartridges compatible with the H 816, H 817, H 860, H 861XL, H 818KXL (black), H818XL(colour) ink supplies.

In the United States, HP has filed a patent litigation action in the United States District Court for the Northern District of California against Ninestar Image Tech Limited of Zhuhai, China, Ninestar Technology Co., Ltd. Of California, and Apex Microelectronics Co., Ltd of Zhuhai China.  The defendants were accused of infringing three HP patents by selling newly manufactured ink tank cartridges as well as certain electrical storage devices. The storage devices involved are compatible with printers which use a wide range of HP ink tank cartridges, including models compatible with the HP 564, HP 932, HP 933, HP 950, HP 951 and HP 970 ink supplies.

Matthew Barkley, program manager, Worldwide IP and Brand Protection, HP, stated, “HP’s investments in high technology products and intellectual property are the core of HP’s competitive differentiation, and the source of value to our customers, partners and shareholders. HP remains committed to ensuring its IP remains protected, and will go where necessary to protect those investments.”

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