Xerox to Appeal Decision in Inkjet Patent Dispute - against HP - Company Business and Marketing

Edge: Work-Group Computing Report, Sept 20, 1999

Xerox Corporation will appeal Tuesday's dismissal of an inkjet patent infringement case against Hewlett Packard Co. -- one of three patent infringement cases Xerox has filed against HP.

"We disagree with the judge's decision and fully expect that the case will be reversed on appeal," said James A. Firestone, president, Xerox Channels Group. "We are confident that the courts will ultimately conclude that HP has illegally used patented and valuable Xerox technology in developing its inkjet printing line and that we should be appropriately compensated."

HP's request for summary dismissal in the case was granted Tuesday in the U.S. District Court for the Western District of New York here in Rochester, setting the stage for appeal to the U.S. Court of Appeals for the Federal Circuit.

In May 1998, Xerox launched a defense of its inkjet printer patent portfolio by filing suit against Hewlett Packard charging HP violated Xerox' proprietary multi-color thermal inkjet print-head technology. In the other pending cases, Xerox claims that HP is using patented Xerox technology for resolution enhancement and color adjustment in laser and inkjet printers. Neither of these cases has come to trial.

The patented technology at issue in Tuesday's decision provided the basis for higher quality inkjet printing at higher speed. If Xerox is successful, HP could be ordered to pay royalties and licensing fees to Xerox, or withdraw from the market its many printer products that incorporate the technology.

Xerox has one of the world's largest portfolios of patented technology. In 1998, along with its Japanese-based partner, Fuji Xerox, the company earned 1,046 patents, the 4th largest number awarded any American company. FMI: http://www.xerox.com.