Brother Claims Victory in Patent-Infringement Dispute in Germany

Brother Industries of Japan today reported that it’s settled a patent-infringement dispute with a distributor of toner and drum cartridges in Germany.

Having been successful in an infringement action already in 2016, Brother says it’s “now received substantial damage compensation.”

Before the infringement action was filed, Brother says the distributor had distributed a broad range of toner and drum cartridges, all of which implemented patented technology of Brother, in Germany.

After due consideration, Brother decided not to defend against the claims asserted in the patent-infringement action but to acknowledge them prior to the upcoming hearing before court.

The judgment issued on the basis of this acknowledgment already in 2016 prohibits the distributor to offer, sell, or use the toner and drum cartridges in dispute in Germany, or to import them into Germany or possess them in Germany for said purposes. It also established the distributor’s obligation to compensate damages, and ordered it to disclose information on the origin and chain of distribution as well as on the scope of the infringement, and to recall from commercial customers and destroy the toner and drum cartridges. Last but not least, the judgment imposed the statutory costs of a previous warning letter and of the infringement action itself on the distributor.

In compliance with the judgment, the distributor reimbursed costs and disclosed names of supplier and commercial customers as well as sales figures. Following that, Brother says “the parties now came to an agreement relating to the remaining claims.”

Tadashi Ishiguro, Representative Director and Senior Managing Executive Officer of Brother comments: “Brother is very pleased with this outcome. Once again, it shows that we have strong IP rights, the infringement of which does not pay. We will continue to take appropriate action against any such infringement whenever necessary.”

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