LFP - Large-Format-Printing
Durst wins in a patent dispute in Germany
Thursday 21. March 2013 - The Düsseldorf District Court ruled in the first instance in favour of DURST against EFI in the patent dispute.
After several years of utility model and patent disputes between Durst Phototechnik Digital Technology GmbH (‘Durst’) and Electronics for Imaging GmbH, Germany (‘EFI GmbH’) as well as their American parent company Electronics for Imaging Inc. (EFI Inc.’), Durst emerged victorious from the first instance patent infringement dispute involving the German patent DE 10 2005 006 092 B4 (‘patent in dispute’) before Düsseldorf District Court. The Düsseldorf District Court found in favour of Durst – the inventor of overlapping print head arrays for white and coloured inks – in its judgment of 28.02.2013, file ref.: 4a O 107/11.
As a result of the action brought by Durst, the Düsseldorf District Court held that EFI GmbH and EFI Inc., amongst others, shall refrain from supplying, bringing to the market or using the QS and GS series printing devices in the Federal Republic of Germany. Above this, EFI GmbH was also ordered to refrain from not only using not a procedure that could be performed with these printing devices to prime a printing medium with white dye and subsequently apply colour ink in the Federal Republic of Germany but also from offering and/or supplying printing devices that are suitable for using such a procedure to customers in the territory of the Federal Republic of Germany without notifying in the case of an offer that this printing device may not be used for this procedure without permission from Durst. Or, if applicable, without imposing the written obligation, not to use these printing devices without permission from Durst for the above procedure in the event of delivery to customers, subject to a contractual penalty of 25,000 per printing device as referred to above for each case of infringement. The ruling is still not binding as EFI are still entitled to lodge an appeal against it.
The legal validity of the patent in dispute was unreservedly confirmed by the German Patent and Trademark Office more than two years previously in objection proceedings that concluded with a binding ruling. As part of the pending action for annulment brought by EFI Inc. before the Federal Patent Court, the legal validity of the patent in dispute was once again reviewed. So far there has been no decision. In this respect however, after a summary examination the Düsseldorf District Court found in its ruling of 28.02.2013 that there was no question of adjourning the infringement proceedings because of the pending action for annulment as the likelihood of the patent in dispute being revoked was not expected to be high.
The history behind and the premature declarations….
“German Court Declares EFI Victorious In Important Patent Litigation against Durst Involving Inkjet Technology
FOSTER CITY, Calif., Nov 30, 2009 (BUSINESS WIRE) — Electronics For Imaging, Inc. (NASDAQ:EFII), a world leader in customer-focused digital printing innovation, and its superwide format printer unit VUTEk today announced victory in its German patent litigation with Durst Phototechnik Digital Technology GmbH involving EFI’s VUTEk QS series printers with white ink technology.
EFI has been a leading innovator in the print industry since our founding. We are very pleased that the German courts have shined a light on Durst’s false claims that it invented the technology first,” added EFI’s President Fred Rosenzweig. “We look forward to continuing to bring our innovative customer-focused printing solutions to our customers throughout the world.”
The victory substantiates EFI’s innovation and continued success in the super wide format printer market, not only in the United States, but abroad. As the worldwide leader in grand format UV printer placements, EFI will continue to deliver its innovative wide format UV printers and inks worldwide.
German Appeals Court Hands EFI Victory in Patent Litigation Filed by Durst
JANUARY 05, 2012 –
FOSTER CITY, Calif., Jan. 5, 2012 (GLOBE NEWSWIRE) — Electronics For Imaging, Inc. (Nasdaq:EFII), a world leader in customer-focused digital printing innovation, today announced victory in a long-running patent lawsuit in Germany brought by Durst Fototechnik Digital Technology GmbH against EFI.
On December 23, 2011, a German appeals court concluded that the Durst utility model is not valid and is not enforceable. A utility model is an intellectual property right that protects inventions, similar to a U.S. patent. Durst filed suit against EFI on the utility model in 2007. From the outset, EFI maintained that the technology had been in use well before Durst’s utility model was issued. A German trial court agreed with EFI in 2009, and, on Friday (December 23rd,) the appeals court did too, confirming that Durst’s claimed invention is not novel.
“We are pleased with the decision by the German appeals court,” said EFI’s General Counsel, Bryan Ko. “Unfortunately, Durst seems intent on wasting resources bringing baseless lawsuits instead of letting customers choose between our products based on innovation and value. While we hope not to face such unfounded accusations again, EFI will continue to vigorously defend ourselves and will seek to protect our innovation and proprietary rights.”