Xingraphics Prevails Again in Dutch Patent Case Brought by Agfa
CHENGDU, CHINA—May 11, 2010—Chengdu Xingraphics Co., Ltd. (Xingraphics), a leading developer and manufacturer of thermal printing plates and related chemistry, announced today that the The Hague District Court issued a second favorable ruling in the company’s patent infringement lawsuit with Agfa Graphics BV.
In 2008, Agfa started legal proceedings against Xingraphics in the Netherlands. Agfa sought an injunction against Xingraphics arguing that the FIT and FIT Xtra plates infringe a European patent (EP 823 327), which relates to a “method for making positive photosensitive lithographic printing plates,” a patent that Agfa acquired through the acquisition of Lastra in October of 2004. In its judgment of July 22, 2009, the District Court in The Hague dismissed the claim by Agfa. The District Court decided that Agfa had not provided convincing evidence that the FIT and FIT Xtra plates infringed EP 823 327. The Court ordered Agfa to pay Xingraphics an amount of € 135,000 in legal costs.
However, in March 2010, Agfa again started legal proceedings (“preliminary relief proceedings”) in the Netherlands against Xingraphics. Agfa stated that it had conducted new tests that convincingly show that the FIT (Melior) and FIT (Melior) Xtra plates infringe the patent. Agfa therefore asked the court in The Hague to grant a preliminary infringement injunction. As in the first proceedings, Xingraphics maintained that its FIT plate technology is its own and that the technology in no way infringes the patent.
Xingraphics argued that the test results that Agfa submitted were not "new evidence," that the tests were deficient and the results did not prove that FIT (Melior) plates and FIT (Melior) Xtra plates infringe the patent. Xingraphics also itself submitted the results of tests conducted by independent institutions as evidence that the FIT (Melior) and FIT (Melior) Xtra plates do not infringe the patent.
In its judgment of today, the Court in The Hague denies Agfa’s claim now for the second time. The Court in The Hague considers, amongst others, that there is no reason to deviate in preliminary proceedings from the earlier judgment on the merits of July 22, 2009.