Dutch patent court confirms validity of Agfa’s key patent on positive thermal plates

Non-infringement by Xingraphics not proven

Agfa Graphics N.V. is the owner of an important number of key patents in the field of digital printing plates. Over the past two years Agfa Graphics has contacted a number of competitors in order to obtain compensation for the infringement of Agfa Graphics’ intellectual property. In the cases where no settlement is in view, Agfa Graphics is taking or preparing legal action.

In this context a patent infringement case was initiated against Chengdu Xingraphics Co., Ltd. in the Netherlands. On July 22, 2009 the Dutch court in The Hague has issued a decision in this case.

This judgment confirms the validity of Agfa’s key patent for positive thermal plates, European patent EP823327. However, the infringement by the FIT plates of Xingraphics was found to be insufficiently substantiated by the presented evidence. On the other hand, non-infringement was not proven by Xingraphics either, so the court could not grant Xingraphics’ request for a declaration of non-infringement. Moreover, the court allowed Agfa Graphics to request additional seizures of Xingraphics plates in the future.
The Agfa Graphics team will now prepare the necessary additional evidence of the infringement of the Agfa Graphics patent in order to obtain a decision in favor of Agfa.

The confirmation by a court of high reputation of the validity of Agfa’s key patent EP823327 reinforces Agfa’s case against other competitors which are infringing this patent.