Asia Pacific Microsystems, Inc. (APM) and LD Products settle with HP over patent infringement allegations.
HP has announced that it has reached an “amicable” patent settlement with APM relating to the alleged infringement of its inkjet cartridges, with APM acknowledging that it had manufactured infringing print cartridge components for a number of customers and taking immediate steps to cease production of those components as part of the settlement.
As a result of APM’s co-operation, HP agreed to dismiss the company from a pending court case relating to the patent infringement, which would have taken place in federal court in California.
The case had already seen the International Trade Commission (ITC) rule that HP’s patents were valid and that APM was guilty of infringement “both as a contributory infringer and by inducement”; with MicroJet Technology, a subsidiary of Taiwan-based DB-Tel Incorporated and a customer of APM, also found guilty of patent infringement and issued a General Exclusion Order (GEO) against all infringing articles “without regard to source”.
HP said that it has also reached a comprehensive settlement with California-based online aftermarket cartridge seller LD Products, Inc. regarding the sale of what HP described as “misidentified” ink and toner cartridges; with LD Products selling HP compatible clone cartridges that were labelled as “remanufactured” on its website as well as third party websites. This led HP to file litigation in the California Federal District Court alleging multiple acts under the Lanham Act, prohibiting trademark infringement, trademark dilution and false advertising, along with violation of California state law for unfair competition and false advertising.
As a result, LD Products agreed to a structured plan regarding how it describes and sells newly built and remanufactured cartridges. The company also agreed to cease the practice of selling misidentified products and compensated HP for a portion of its legal costs.
LD Products was also accused by HP of selling infringing inkjet cartridges, and admitted that HP’s patents are valid, agreeing to immediately cease the sale of the infringing products and to destroy remaining infringing inventory.
Matt Barkley, Program Manager, Worldwide IP and Brand Protection, Printing and Supplies at HP, commented: “HP has always put a high premium on R&D—investing in technology that improves the overall experience for our customers. We are committed to protecting our brand and our customers. In order to protect our innovations, the superior quality of our products, and by extension, our customers, we will continue to defend our IP.”