Last year I covered a story where Fujifilm Speciality Ink Systems, or FSIS, won a lawsuit against Nazdar in a court in Dusseldorf. Naturally Nazdar appealed and the court has now rejected this appeal.
Rob Fassam, R&D director at FSIS comments: “I am delighted that the Higher Regional Court in Düsseldorf has confirmed our position and the first instance judgement. This sends a clear message to anyone thinking of infringing our intellectual property”.
The case relates to Nazdar’s 702 and 703 series UV inkjet inks, which it claimed were chemically compatible with the original inks for Océ Arizona and Fujifilm Acuity printers. FSIS claimed that this infringed its UV ink patents EP 1 803 784 B3 and EP 2 383 314 B3 in Germany. These patents protect specific inkjet ink compositions, providing a range of properties including improved flexibility, jetting performance and adhesion.
In first instance, the Regional Court of Düsseldorf issued injunctions against Nazdar and its German distributor Zaro and Nazdar responded by changing the chemical composition of these inks. However, Nazdar continued to market its UV inkjet inks as 702 and 703 Series, and FSIS felt that it had failed to indicate to customers the change in chemical composition in such a way as to avoid patent infringement.
The court has now confirmed this ruling, and that the change in chemical composition did not go far enough, and has sentenced Nazdar and Zaro to pay damages and render account. The court has also rejected Nazdar’s efforts to nullify one of FSIS’s original patents, and understandably FSIS is confident that the court will uphold its second patent.
I reached out to Nazdar but the company declined to comment on this.