EFI: White ink patent invalidated

USA. The Federal Patent Court of Germany has invalidated substantial parts of a patent held by Durst Phototechnik Digital Technology GmbH related to White ink printing that Durst had previously asserted in an infringement action against EFI.

Durst had sued EFI for allegedly infringing German patent No 10 2005 006 092. In addition to denying those allegations, EFI had filed a nullity action in the Federal Patent Court of Germany, asking the court to invalidate the portions of the patent asserted against EFI on the grounds that what Durst claimed had actually been disclosed years before.

German courts in Mannheim and Karlsruhe had already held a Durst utility model claiming the same »invention« invalid for similar reasons. On October 23, 2013, the German Federal Patent Court agreed with EFI and invalidated substantial parts of Durst’s patent. Under German law, Durst has the right to appeal. Should there be no appeal, this will conclude a multi-year legal battle initiated by Durst repeatedly suing EFI without provocation.

Andreas Keller

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