Judge: HP gave wrong information when blocking private label cartridges

HP acted illegally in 2016 when it blocked private label cartridges installed in customers’ printers in September 2016. The company allegedly informed customers incorrectly and incorrectly about the cause and solution of the problem.

That is what the judge said last Tuesday in the appeal between HP and Stichting 123ink private label customers, according to a press release from the foundation. The ruling itself is not yet online. The foundation was established after on September 16, 2016, 123ink customers complained about HP printers with cartridges from the ink web store no longer working. Users were then notified that the cartridges were damaged. Only using official HP ink cartridges would clear the message.

At the time, HP said it had modified the software of certain HP Officejet Pro printers “to protect the printers and secure communication between cartridge and printer.” At the same time, the company promised to release printer updates, which would make support for the cartridges possible again.

That same month, 123inkt set up the foundation to “compensate its participants for any damage caused by HP’s actions.” The foundation also wants to ‘prevent similar problems in the future’. Affected customers could register with the foundation. Later that year, the foundation sued HP. In 2017 there was a ‘negative judgment for the foundation’, after which the foundation appealed.

The verdict came last Tuesday, according to the judge HP acted unlawfully and the company is liable for the damage suffered by the participants of the foundation. The extent of that damage is unknown and has yet to be determined. 123ink says it is considering further legal action ‘to get a ban on the (temporary) blocking of non-genuine cartridges by HP’.

It is not the first time that the web store has won a legal battle against HP. The web store would use cartridge chips that were very similar to those of HP, the printer manufacturer claimed. Earlier this year, however, the Supreme Court declared HP’s patent on those printer cartridge chips invalid.

Since late 2016, HP printers have included a sticker stating that cartridges without an HP chip may not work. Also, according to the sticker, such cartridges may work today, but may not work in the future. Earlier this year, HP released a firmware update for Officejet printers that also blocked the use of private label cartridges.

The printer manufacturer indicated in April this year that it was developing new techniques with which private label cartridges can be blocked with cheaper printers. At the same time, the company also wants to release more expensive printers that are compatible with the cheaper cartridges.