Fujifilm has won a court case against Nazdar and its German distributor Zaro relating to infringement of patents protecting the former’s UV inks for its Acuity line of flatbed printers.
Fujifilm Speciality Ink Systems (FSIS) filed suit against the companies in 2017, claiming before the Regional Court in Düsseldorf that Nazdar had infringed patents on its UV ink patents by offering its 702 and 703 Series UV inkjet inks and declaring them to be chemically compatible with the original inks designed for Fujifilm’s Acuity range of flatbed UV printers.
The patents on the Fujifilm inks cover specific inkjet ink compositions that provide a range of properties including improved flexibility, jetting performance and adhesion.
‘This sends a clear message to anyone thinking of infringing our intellectual property,’ said Rob Fassam, research and development director at FSIS. ‘We will continue to protect our investment by filing patents that cover our technology and we will take appropriate action against those who infringe. I am delighted that the Regional Court in Düsseldorf has ruled in our favour. We invest significant time and resource developing new and exciting technology that benefits the inkjet industry.’
In reaction to the infringement actions, Nazdar filed nullity actions against the patents in Germany before the German Federal Patents Court and asked the Regional Court Düsseldorf to stay the infringement proceedings. Furthermore, in reaction to FSIS’ patent claims, Nazdar changed the chemical composition of its UV inkjet inks. However, despite redesigning the inks, the court found that the company continued to market its UV inkjet inks as 702 and 703 Series and failed to indicate to customers the change in chemical composition in a way that FSIS considered necessary to avoid patent infringement.
With its judgements, the Regional Court in Düsseldorf has now confirmed infringement, forbidding Nazdar and Zaro from offering, bringing to market and any further use of patent infringing UV inkjet inks. It has also sentenced them to pay damages and render account. The Court also approved FSIS’s position that the change in chemical composition of the 702 and 703 Series is not sufficient to avoid infringement because Nazdar continues to market their UV inkjets inks as 702 and 703 Series without enough indication of the product change.
Though Nazdar and Zaro have filed appeals against the judgments, they remain provisionally enforceable under the condition that FSIS will provide sufficient enforcement security.
A date for the appeal hearing has been set for 7 November 2019. A date for a hearing in the nullity proceedings has not yet been set.
