Federal Circuit Upholds Summary Judgement Clearing HP, Others Of Printing Patent Infringement

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HP Patent Infringement Appeal Lawsuit Overview: 

• Who: The Federal Circuit upheld a summary judgement clearing Hewlett Packard (HP) and other companies of claims made by Industrial Print Technologies LLC (IPT). 
• Why: IPT claimed HP and others infringed on seven of its patents. 
• Where: The appeal was heard in the US Court of Appeals for the Federal Circuit. 

The Federal Circuit has upheld a summary judgement clearing Hewlett Packard (HP) and other companies of infringement claims lobbied against them by a patent owner. 

HP was previously cleared by a federal judge of claims it and its customers infringed on seven of Acacia unit Industrial Print Technologies LLC’s (IPT) printing patents, Law360 reports. 

IPT sought to appeal the judge’s decision, claiming they ignored evidence and too narrowly interpreted phrasing that would have otherwise helped their case. The claims were first made back in 2014 against HP and its customer O’Neil Data Systems Inc., with IPT later adding more of the company’s customers as defendants. 

The patents under scrutiny included five variable data print-related patents — which were part of claims made against each defendant — and two claims involving inkjet-related patents that were part of claims IPT lobbied against HP and O’Neil. 

All of the cases were later combined into multidistrict litigation, however, IPT eventually dismissed all of the lawsuits but two — one against HP and O’Neil and one against HP and customer Quad/Graphics Inc, reports Law360.  

Two of HP’s customers have also been awarded attorney’s fees stemming from the multidistrict litigation, with a judge ruling IPT engaged in misconduct by taking too long to dismiss the complaints. 

IPT also disagreed with this ruling, arguing that the fees incurred by the customer’s would have been the same no matter either way, Law360 reports. HP said they are pleased with the Federal Circuit’s decision to uphold the dismissal. 

In other news, a class action lawsuit was filed earlier this month against HP by customers who allege the company had them install a firmware update that made their printers incompatible with non-HP ink cartridges. 

Do you agree with the Federal Circuit’s decision to uphold summary judgement in favor of HP and others? Let us know in the comments! 

IPT is represented by Timothy P. Maloney, David Allen Gosse, and Nicole L. Little of Fitch Even Tabin & Flannery LLP. 

The HP Patent Infringement Appeal MDL is Industrial Print Technologies LLC v. Cenveo Inc., Case No. 19-2275, in the U.S. Court of Appeals for the Federal Circuit.

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