Appeal Court rules in favor of Agfa; Xingraphics will appeal with the Netherlands Supreme Court.

In a decision of 29 January 2013, the Appeal Court in The Hague has declared that by offering and delivering certain “FIT” thermal printing plates to customers in the Netherlands, Xingraphics has indirectly infringed the Netherlands part of a European patent owned by Pakon Inc. in the US and Agfa Graphics N.V. in Belgium.

 Xingraphics will file an appeal against the decision with the Netherlands Supreme Court. Xingraphics won twice earlier in the patent litigation against Agfa in the Netherlands. Parallel patent litigation between Xingraphics and Agfa is ongoing in Germany, where appeal proceedings are pending. Agfa has not filed patent actions against the marketing of the ”FIT” thermal printing plates in other European countries.

“We maintain of the firm opinion that our “FIT” thermal printing plates do not infringe patent rights in the Netherlands”, Mr. Safwen Hijazi, Vice-President of Xingraphics, explains. “This is the first decision in the Netherlands that is negative and we will appeal. We remain confident that the final and conclusive decisions in the Netherlands, and Germany, will be favorable. “The decision is specific to the Netherlands and relates only to the Netherlands territory. Our position in other European countries is unaffected and we shall continue to supply our valued customers in Europe with our appreciated and innovative “FIT” thermal plate technology.