The OEM has been temporarily stopped from charging different prices to Collins Ink customers.
Democrat and Chronicle reported on the temporary ruling by a federal judge in Ohio that has “stopped [Kodak] from charging different prices for refurbishing” its Versamark printheads “depending on whether […] customers use Kodak-made ink” or Collins Ink’s products.
Both companies supply inkjet inks for users of the Versamark digital inkjet printing press, manufactured by Kodak, and a previous case in 2011 centred on Kodak’s alleged control of the market for the ink. Collins had manufactured inks for the Versamark, with Kodak reselling it under its own brand, but Kodak sued Collins after it “tried to end the decade-old supplier agreement” amid worries about Kodak’s financial situation, with Kodak claiming Collins “was just trying to steal Kodak ink customers”.
The case came to a head in November 2011 when a judge decided Collins had “prematurely exited” its agreement and Collins was ordered to supply Kodak again, before the OEM filed for bankruptcy weeks later, leaving the supplier with $1.9 million (€1.4 million) in unpaid invoices. The enforced contract ended in May 2013 when Collins said it would “no longer” supply Kodak and would offer its own branded ink directly to customers.
Collins’ new court papers, posted in October 2013, stated that Versamark inks account for 70 percent of its output, and alleges that Kodak is “trying to elbow it out of the Versamark ink business by telling Versamark users that getting their printheads refurbished” – something that needs to be done regularly – will “cost more if they used non-Kodak-made inks”. Collins also claims Kodak has “threatened certain customers with slow or no refurbished printheads if the customer continues to use Collins ink”.
The ruling last week saw US District Judge Michael R. Barrett give Collins Ink a “preliminary injunction”, which bans Kodak from the “two-tier pricing”. Kodak responded with a statement, noting that “this is a preliminary decision in an ongoing case. Our focus at the moment is on informing our customers and complying with the preliminary injunction. We will provide an uninterrupted supply of inks and refurbishment services”.