A German appeal court has upheld a 2011 Düsseldorf decision that Xingraphics dealer Papier Union had infringed an Agfa plate technology patent.

The German Oberlandesgericht in Düsseldorf issued its decision on June 6 over the dispute between Agfa Graphics and Papier Union, the German dealer of Agfa’s Chinese competitor Chengdu Xingraphics.

Papier Union had appealed against the Landgericht Düsseldorf court’s decision on November 22, 2011, finding Papier Union guilty of infringement of Agfa’s patent EP823327. The Oberlandesgericht has now dismissed Papier Union’s appeal and confirmed the original finding. Agfa says the same outcome was also reached on January 29 this year, in parallel proceedings before the Dutch appeal court. 

Both appeal courts decided that Agfa’s patent was valid and infringed by local sales of the Xingraphics FIT digital printing plates. The defendants were ordered to refrain from further infringement and to pay damages and Agfa Graphics’ legal expenses. The injunction also applies to any other positive thermal plate which uses Agfa’s patented technology.

"This new court decision confirms that we have a strong patent portfolio and that our IP rights are well founded and relevant," says Agfa Graphics president Stefaan Vanhooren. "As a technology leader Agfa Graphics throughout the years has invested in developing and commercialising innovative solutions and we are serious about protecting our knowhow against infringements."

Agfa says the decisions reinforce its IP position against other printing plate suppliers trying to enter markets where it holds relevant patent rights. "The Dutch and German courts have a high authority in patent matters throughout Europe,” says said Rudi Goedeweeck, Agfa’s general manager intellectual property.

“Both these decisions should be regarded as a clear signal that courts in other countries will likely reach the same conclusion, in the event Agfa initiates law suits against other competitors or their dealers who are not willing to conclude a satisfactory out-of-court settlement for the patent issues we are still discussing.”