Did Nederland's 123inkt.nl Kick Samsung Ass Over Ink Cartridge Patent?

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Date: Tuesday January 13, 2015 12:39:01 pm
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    Did Nederland's 123inkt.nl Kick Samsung Ass Over Ink Cartridge Patent?
    The claims are rejected because there is a good chance that the patent will be revoked or destroyed because of a lack of inventiveness.
    (this Article Was translated To English)

    123inkt.nl has won a patent dispute with Samsung. In a judgment of 30 October 2014. Asked the judge in interlocutory proceedings brought by Samsung 123inkt.nl in the same.
    http://www.123inkt.nl/images/city%20run/city-run.jpg
    Samsung wanted a ban on the sale of some of 123inkt brand cartridges for the printers produced by the Korean company , due to the use of a particular chip. This would infringe a granted European patent this summer from Samsung.
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    Barack Obama kicking the ass of BP's chief executive Tony Hayward as David Cameron looks on.

    123inkt.nl believes that the patent on the chip is not inventive and that the patent used wrongly by Samsung therefore to gain a monopoly on the sale of cartridges suitable for some Samsung printers. The judge ruled in summary proceedings that the patent Samsung probably not inventive and that there is a high probability that is annulled in proceedings on the patent. All claims Samsung were therefore rejected .
     
    "Our brand cartridges are made ​​with respect for intellectual property such as patents. Our customers think it is important that there is an affordable and high-quality alternative for their printer cartridges. The judge agrees with us that the patent Samsung probably is void and we can our brand cartridges therefore continue to sell , "said Gerben Kreuning , 123inkt.nl Director.
     
    123inkt.nl find that patents should not be misused to limit consumer choice wrongly . This attempt by Samsung to acquire a monopoly on cartridges for its printers failed. "The customers of 123inkt.nl are the big winners in this dispute : affordable printing – even with Samsung printers – remains possible," said Kreuning .

    Chance that patent EP 914 is revoked for lack of inventive : believed that art without inventive thinking work order of connection memory unit cartridges would change so that communication terminal furthest driving force reception unit is located . Asked benefits not mentioned in patent .

    PATENT
    Summary proceedings. Samsung is the holder of patent EP 914 for a " developing device and image forming apparatus" . Defendants operate online stores where besides cartridges that are manufactured by Samsung also third party cartridges are sold , which are suitable for use in Samsung printers. Samsung claims that the defendants infringe its patent and claims include cessation of the infringement. The claims are rejected.

    The claims are rejected because there is a good chance that the patent will be revoked or destroyed because of a lack of inventiveness. Preliminary judgment cartridges Samsung ML- 1630 and ML -1631 are the closest prior art. The differences between these cartridges, and the patent can be divided into two sets of characteristics . The first set of differences relate to the order of connection elements in the cartridge , while the second set relates to the characteristic that the claimed cartridge is usable in a printer with a photo -conductive medium . Samsung 's argument that the issue of EP 914 is not on the agenda is rejected by the older cartridges. It is sufficient to assume that the problems such as damage to the memory unit by heat or contact with the printer or a bad connection between the terminals of the memory unit and the printer by vibrations or contamination with toner , also occur in cartridges photoconductive medium .

    The inventiveness is preliminary judgment per set differences to be assessed separately as no synergistic effect between the two sets of attributes. The first set of differences is not inventive , because the skilled person on the second priority date , would have been claimed in claim 1 in the order of the connection elements. Samsung has itself argued that the skilled person knows that the farther a point is removed from the source of the vibration , the less vibration will occur at that point. This must be assumed that he would change the connection of the Samsung cartridges so that communication using the farthest from the driving force recording unit located terminal. The second set of attributes is not inventive hands , because not mentioned in the patent benefits specified by Samsung and unchallenged because defendants have argued that the second priority date cartridges with and without the relevant characteristics were generally known variants .

    About 123inkt.nl :
    With nearly a half million customers a leader in online sales of ink cartridges , toners and paper . Since its launch in 2000 , the shop one of the fastest growing and most successful in the Netherlands.

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