Supreme Court declares HP patent on chip for printer cartridge invalid

The Supreme Court has ruled that an HP patent on a chip in printer cartridges is invalid. In doing so, the Council follows the earlier decision that was made on appeal. The ruling marks the end of a years-long patent battle between 123ink and HP.

In its ruling, the Supreme Court follows the earlier judgment of the Court of Appeal in The Hague. HP now has no further appeal options and 123ink may continue to sell private label cartridges for HP printers. HP must pay the costs incurred by 123ink during the case. It concerns an amount of 66,957 euros. According to a press release from 123ink, HP itself has spent more than half a million euros in attorney fees in the past four years.

The case began in late 2014, when 123ink was subpoenaed by HP. The printer manufacturer stated that the private label cartridges of the webshop infringed an HP patent. The chips on those cartridges would have too many similarities. According to 123ink, HP’s patent was not new and innovative and the judge was right in that regard at the end of 2015.

HP appealed and that ruling followed in 2017. The Court of Appeal in The Hague also ruled in favor of 123ink. HP did not agree with the ruling and appealed to the Supreme Court, which has now ruled.

A similar lawsuit against Samsung was lost by 123ink in late 2016. As a result, the company had to recall toners for laser printers from the South Korean manufacturer. The judge then ruled that two patents had been infringed.

Update, Thursday: HP has said in a response that it does not agree with the ruling and is studying it to understand the decision. HP states that it has successfully applied the same European patent in other countries.