Court trims HP evidence request in dispute
August 27, 2024
Europe’s Patent Court issues ruling in HP v. LAMA emphasises the court’s focus on evidence limits and fairness.
The Unified Patent Court (UPC), Paris Local Division, has ruled that HP’s submissions should have been limited to responding to issues already raised by LAMA, particularly regarding the validity of the patents. Consequently, the court ordered the exclusion of specific developments and documents, stressing the importance of adhering to procedural timelines and content restrictions.
The litigation began on October 11, 2023, with HP accusing LAMA of infringing its patents by manufacturing, importing, and distributing products covered by HP’s intellectual property. LAMA responded by denying the allegations and counterclaimed for the annulment of the patents, adding complexity to the case.
The patents at the centre of the HP v. LAMA case involve innovations in inkjet printing and cartridge remanufacturing. Patent EP2089230 is focused on improving the performance of inkjet printers by enhancing the accuracy and efficiency of how ink droplets are placed, leading to better print quality and lower operational costs. Patent EP1737669 deals with the technology for remanufacturing inkjet and laser cartridges. It covers methods and systems that ensure reused cartridges maintain consistent performance, helping to preserve print quality while reducing waste.
The first procedural order issued by the UPC, dated August 2, 2024, addressed HP’s request for information under Rule 191 of the Rules of Procedure (RdP). The second, dated August 21, 2024, dealt with LAMA’s objections to HP’s submissions.
HP sought the court’s order for LAMA to disclose information on third parties involved in producing and distributing the disputed products, arguing it was necessary to substantiate its claims. LAMA opposed the request, citing the lack of established infringement and confidentiality concerns. The court ruled in favour of HP, finding the request admissible under Rule 191 RdP. However, the court imposed confidentiality measures, allowing LAMA to redact sensitive details from the disclosed invoices.
LAMA then challenged sections of HP’s brief filed on July 15, 2024, arguing that new arguments and evidence were introduced without justification. LAMA requested that these sections be excluded from the debate. The court partially upheld LAMA’s objections, emphasising procedural regularity.
The Court ruled that HP’s submissions should have been limited to responding to issues already raised by LAMA, particularly regarding the validity of the patents. Consequently, the court ordered the exclusion of specific developments and documents, stressing the importance of adhering to procedural timelines and content restrictions.
The written procedure will formally close this Friday, the 30th of August, 2024. Following this, a status conference is scheduled for September 6, 2024, where the court will review the case’s progress, address any remaining procedural issues, and potentially set a timetable for the oral hearing if deemed necessary. Depending on the outcomes of this conference, the court may then proceed to schedule an oral hearing, leading towards a final decision in the dispute.
Note: AI was used to translate the court documents from French to English, but humans from our news team wrote the news story.
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