HP Samsung Lose Patent Cases Against 123inkt

HP Samsung Lose Patent Cases Against 123inkt

HP, which acquired Samsung’s printer business over two years ago, has once again suffered significant legal losses in several patent cases against Netherlands-based 123inkt.

On April 21, 2020, the Court of Appeals in The Hague overturned, in large part, an earlier decision by the District Court on November 30, 2016. It ruled one of two Samsung patents and both Samsung industrial designs to be invalid.

The court battle between Samsung and 123inkt goes back over six years to December 2013. At the time, the South Korean multinational claimed that certain parts in specific compatible cartridges infringed two of its patents and two of its industrial designs. Based upon the merit of the earlier proceedings and the summary judgement an appeal was granted and the final judgement on the appeal has been made.

Given HP Inc. acquired Samsung Electronics’ patents and printing business on November 1, 2017—a deal valued at $1.05 billion—both HP and Samsung are involved in the April 21 decision. HP-Samsung has been ordered to repay the litigation costs originally required of 123inkt under the reversed judgment.

Earlier 2020 Win Against HP

Proceedings have also been ongoing regarding the validity of three other patents since December 2013. These patents are related to the position of chips on toner cartridges. On October 17, 2018, The Hague District Court declared these patents to be invalid. HP/Samsung appealed this decision. However, on February 25, 2020, the Court of Appeals in The Hague ruled in favour of 123inkt once more. The three patents are invalid.

Firmware Update Battles

A foundation (called Stichting 123inkt-huismerk klanten) was established in 2016 following complaints being received by consumers following firmware updates by HP on its customers’ printers, without consent. The printers locked the consumers out from using third-party supplies like 123inkt products, and privately-labelled cartridges managed by 123inkt. This foundation has achieved some success in its battle, with HP losing its appeal against the foundation in December 2019 and ordered to pay damages.

However, firmware updates that block use of compatibles, have not been banned. The foundation has therefore appealed to the Dutch Supreme Court. “Compensation of damages is a start, however, we want to safeguard all users of compatible cartridges against such updates, that restrict their freedom of choice, in the future,” states the foundation.

These recent judgements have helped the aftermarket but Gerben Kreuning (pictured), Director of Digital Revolution BV says, “The results from the last months won’t result in a return of the status quo in the printer and cartridge markets.” He says there are more battles yet to be won and the final verdict in several ongoing cases continues, particularly with HP and Epson, amongst others.

Related:

• HP Loses Appeal in Cartridge Case Against the 123inkt Foundation
• Court Decision Favors 123inkt against Samsung, Again

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