(Note: Blog Publisher’s comments are down below).
On August 11, 2015, Memjet
(various Memjet entities) filed a patent infringement lawsuit against HP. Basically, Memjet alleges that HP’s PageWide
technology infringes on patents owned by Memjet.
(various Memjet entities) filed a patent infringement lawsuit against HP. Basically, Memjet alleges that HP’s PageWide
technology infringes on patents owned by Memjet.
This is what Memjet said
when it originally announced its action against HP: Memjet has filed a patent infringement lawsuit
against Hewlett-Packard Company in the United
States District Court for the Southern District of California. The lawsuit
alleges infringement of eight Memjet patents related to its page-wide
“waterfall” printing technology.
when it originally announced its action against HP: Memjet has filed a patent infringement lawsuit
against Hewlett-Packard Company in the United
States District Court for the Southern District of California. The lawsuit
alleges infringement of eight Memjet patents related to its page-wide
“waterfall” printing technology.
On November 19, 2015, Memjet
issued this press release about an injunction against HP granted by a court in
Germany:
issued this press release about an injunction against HP granted by a court in
Germany:
Memjet Technology
Granted Injunction Against HP Inc. German Subsidiary.
Granted Injunction Against HP Inc. German Subsidiary.
The Injunction Goes
Into Effect Immediately Halting the Sale of the HP PageWide XL Series’ 841
Printheads by HP Deutschland GmbH.
Into Effect Immediately Halting the Sale of the HP PageWide XL Series’ 841
Printheads by HP Deutschland GmbH.
SAN DIEGO, CA–(Marketwired – Nov 19, 2015) – Memjet announced today that
a German Court (District Court Munich I) has granted Memjet Technology Limited
a preliminary injunction against HP Deutschland GmbH, a German subsidiary of HP
Inc. The injunction is in effect throughout the German market and bars HP
Deutschland GmbH from offering for sale, distributing and importing for those
purposes the current ink distribution assembly of the HP 841 printheads which
are utilized in HP’s wide format printers using the HP PageWide
technology. As a result, the HP PageWide XL Series with this assembly
cannot be marketed anymore by HP Deutschland GmbH.
a German Court (District Court Munich I) has granted Memjet Technology Limited
a preliminary injunction against HP Deutschland GmbH, a German subsidiary of HP
Inc. The injunction is in effect throughout the German market and bars HP
Deutschland GmbH from offering for sale, distributing and importing for those
purposes the current ink distribution assembly of the HP 841 printheads which
are utilized in HP’s wide format printers using the HP PageWide
technology. As a result, the HP PageWide XL Series with this assembly
cannot be marketed anymore by HP Deutschland GmbH.
The District Court found a prima facie case of infringement of the German
part of Memjet’s EP 1292451 patent. The injunction was granted ex parte
due to urgency as HP is beginning to enter the German market with these
infringing devices. The injunction is
subject to appeal.
part of Memjet’s EP 1292451 patent. The injunction was granted ex parte
due to urgency as HP is beginning to enter the German market with these
infringing devices. The injunction is
subject to appeal.
On November 20, 2015, HP filed
this document with the United States District Court for the Southern District
of California: “HP INC.’S FIRST AMENDED ANSWER TO COMPLAINT FOR PATENT INFRINGEMENT,
COUNTERCLAIMS, AND THIRD-PARTY COMPLAINT.”
this document with the United States District Court for the Southern District
of California: “HP INC.’S FIRST AMENDED ANSWER TO COMPLAINT FOR PATENT INFRINGEMENT,
COUNTERCLAIMS, AND THIRD-PARTY COMPLAINT.”
In the above referenced document, HP (a) denies that it has
infringed on any of Memjet’s patents, and (b) counter-claims that Memjet has
infringed on HP’s patents. In this document,
HP demands a trial by jury.
infringed on any of Memjet’s patents, and (b) counter-claims that Memjet has
infringed on HP’s patents. In this document,
HP demands a trial by jury.
On November 25, 2015, Memjet filed a document indicating Memjet’s
request for an extension of time (requested extension date was January 18,
2016. to answer (i.e., to respond to) HP’s “Amended Answer and Counterclaims”
filing. (It is my understanding that
this extension-of-time request was automatically approved.)
request for an extension of time (requested extension date was January 18,
2016. to answer (i.e., to respond to) HP’s “Amended Answer and Counterclaims”
filing. (It is my understanding that
this extension-of-time request was automatically approved.)
Blog Publisher’s Comments:
Well, this case, Memjet vs. HP vs. Memjet) is going to be quite an expensive pissing match; no telling how long it will take for this
case to get to its final conclusion (be that by out-of-court settlement or by
jury trial.)
case to get to its final conclusion (be that by out-of-court settlement or by
jury trial.)
While I did not read
the original complaint that Memjet filed against HP, I would imagine that
Memjet asked the US District Court for an injunction against HP, similar to
what Memjet asked the court in Germany to do.
But, based on my screening of the documents filed in the U.S. case, so
far, I could not find where the US District Court has issued an injunction
against HP. While I am not certain about
this, I don’t believe that an action taken by a court in Germany has any
bearing on the actions that will be taken by the US District Court.
the original complaint that Memjet filed against HP, I would imagine that
Memjet asked the US District Court for an injunction against HP, similar to
what Memjet asked the court in Germany to do.
But, based on my screening of the documents filed in the U.S. case, so
far, I could not find where the US District Court has issued an injunction
against HP. While I am not certain about
this, I don’t believe that an action taken by a court in Germany has any
bearing on the actions that will be taken by the US District Court.
By the way, all of the
documents (all of the filings in this case) are available if you’re registered
with www.pacer.gov. I am registered with pacer.gov which is how I
have access to the documents and (docket history) associated with this
case. I visited pacer today to see
“what’s happening”, so that I could write up my comments for today’s blog-post
about this case.
documents (all of the filings in this case) are available if you’re registered
with www.pacer.gov. I am registered with pacer.gov which is how I
have access to the documents and (docket history) associated with this
case. I visited pacer today to see
“what’s happening”, so that I could write up my comments for today’s blog-post
about this case.
There will, of course,
be guaranteed winners, those being the law firms who represent Memjet and
HP. By the time this case winds its way
to conclusion, I suspect that the legal expenses incurred in this case will run
into the millions.
be guaranteed winners, those being the law firms who represent Memjet and
HP. By the time this case winds its way
to conclusion, I suspect that the legal expenses incurred in this case will run
into the millions.
Now, let’s get to the matters that may be of concern to the
reprographics industry, particularly the reprographics industry in the U.S.
reprographics industry, particularly the reprographics industry in the U.S.
Prior to winding its
way to conclusion….
way to conclusion….
(1)
will the existence of
this case persuade reprographers not to buy HP PageWide XL systems?
will the existence of
this case persuade reprographers not to buy HP PageWide XL systems?
(2)
will the existence of
this case persuade A/E and GC firms (and other types of prospective wide-format
systems customers) not to buy HP PageWide XL systems?
will the existence of
this case persuade A/E and GC firms (and other types of prospective wide-format
systems customers) not to buy HP PageWide XL systems?
(3)
since, by now, HP has
filed a counter-claim of patent infringement by Memjet, will reprographers (and
prospective customers), will the existence of this case persuade them not to
buy Memjet systems?
since, by now, HP has
filed a counter-claim of patent infringement by Memjet, will reprographers (and
prospective customers), will the existence of this case persuade them not to
buy Memjet systems?
(4)
what happens if one
buys HP PageWide XL systems now, only to later learn that HP can no longer sell
its systems ….or consumables that feed its systems?
what happens if one
buys HP PageWide XL systems now, only to later learn that HP can no longer sell
its systems ….or consumables that feed its systems?
(5)
what effect will the
existence of this case have on the business plans of HP PageWide XL dealers,
dealers who have, by now, already invested thousands of dollars (and
considerable time and effort) to get their HP PageWide XL dealerships off the
ground?
what effect will the
existence of this case have on the business plans of HP PageWide XL dealers,
dealers who have, by now, already invested thousands of dollars (and
considerable time and effort) to get their HP PageWide XL dealerships off the
ground?
(6)
and, since HP has, by
now, filed a counterclaim against Memjet, I guess the same question could be
asked about distributors and dealers who offer Memjet systems.
and, since HP has, by
now, filed a counterclaim against Memjet, I guess the same question could be
asked about distributors and dealers who offer Memjet systems.
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Has this lawsuit created a “deep-freeze”
situation, one where reprographers and customers alike will avoid both HP
PageWide XL systems and Memjet wide-format systems until this case is resolved?
situation, one where reprographers and customers alike will avoid both HP
PageWide XL systems and Memjet wide-format systems until this case is resolved?
Reprographics 101 