The Dutch Court of Appeal at The Hague has issued its judgment in the patent dispute between Agfa Graphics NV and its Chinese competitor Chengdu Xingraphics Co. Ltd, ruling that Agfa’s patent EP823327 is infringed by the sales of Xingraphics’ FIT digital printing plates.
The court has ordered Xingraphics and its Dutch dealer Atécé to refrain from further infringement in the Netherlands and to pay damages as well as a refund of legal expenses to Agfa Graphics. The injunction against further infringement not only applies to the mentioned FIT plates but also to any other positive thermal plate, which uses the patented technology.
Agfa Graphics has invested millions of Euros to develop and commercialise innovative products. This court decision confirms that we have a strong patent portfolio and that our IP rights are well founded and relevant. It signals that we are serious about protecting our know-how against infringements, said Stefaan Vanhooren, President of Agfa Graphics.
The verdict from the appeal court in the Netherlands is fully consistent with the first instance decision of 22 November 2011 in the parallel procedure before the German Landgericht. These decisions reinforce Agfas IP position against other printing plate suppliers that are trying to enter markets where Agfa Graphics holds relevant patent rights. ‘We are discussing patent issues with other competitors and their dealers to obtain a fair settlement as compensation for their infringement, said Rudi Goedeweeck, Agfa’s General Manager Intellectual Property.