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German Court Sides with EFI over Durst


November 4, 2013
By PrintAction Staff

EFI today released a statement that the Federal Patent Court of Germany has invalidated substantial parts of a patent held by Durst Phototechnik Digital Technology GmbH related to white ink printing that Durst had previously asserted in an infringement action against EFI.
 
Durst sued EFI for allegedly infringing German patent No. 10 2005 006 092. In addition to denying those allegations, EFI filed a nullity action in the Federal Patent Court of Germany, asking that court to invalidate the portions of the patent asserted against EFI on the grounds that what Durst claimed had actually been disclosed years before. German courts in Mannheim and Karlsruhe had already held a Durst utility model claiming the same invention invalid for similar reasons.
 
On October 23, 2013, the German Federal Patent Court invalidated what EFI referes to as substantial parts of Durst’s patent. Under German law, Durst has the right to appeal. Should there be no appeal, EFI states this lastest decision will conclude a multi-year legal battle initiated by Durst.
 
“We at EFI believe that competition should be customer-focused, not litigation-focused. It should be based on genuine innovations, not on questionable patent claims. And it should take place in the marketplace, not in the courtroom,” stated EFI’s General Counsel Bryan Ko. “We will always defend ourselves vigorously when necessary, but we will continue to focus first on ideas and technology to help our customers succeed.”


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