Hoyng Monegier has obtained a favorable decision on behalf of the Japanese manufacturer of printers and printing accessories, Seiko Epson Corporation.
Mercantile Court no. 10 of Madrid, Spain, has issued a first instance decision declaring that the offer and sale, by the Spanish company Conzumo Servicios Online, S.L., of ink cartridges compatible with Epson’s printers, directly infringes several patents owned by Epson, and that the offer and sale of replacement ink tanks for those compatible cartridges is an act of indirect infringement of the same patents.
The decision dismisses all the defensive arguments raised by Conzumo and accepts all the petitions by Epson, including the order to cease in all the infringing acts violating Epson’s rights, to cease in the import, distribution, offer and commercialization of any ink cartridges infringing Epson’s rights, including all the specific references included in the claim, to seize and destroy any remaining infringing cartridges and ink tanks, to pay an undisclosed amount as compensation of damages, to pay the costs of the procedure, and to publish the heading and decisive part of the judgment in the two main Spanish newspapers (El País and El Mundo). The decision also contains the express declaration that Conzumo has been acting on bad faith, in light of several actions carried out during the proceedings.
Seiko Epson Corporation was represented by Jose Antonio Sanmartín.