Xingraphics wins second patent fight

The Hague District Court had last year dismissed a claim from Agfa that Xingraphics' FIT thermal plate technology infringed their patent, registered as 'EP823327' in the name of Mitsubishi Chemical Corporation and relating to a "method for making positive photosensitive lithographic printing plates".

The same court has now dismissed a second claim from Agfa which was started in March this year. Agfa had sought another preliminary infringement injunction on the sale of Xingraphics' plates, saying it had conducted new tests to demonstrate that Xingraphics' FIT (Melior) and FIT (Melior) Xtra plates infringe their patent, which they acquired through their purchase of Lastra in 2004.

Xingraphics had argued the test results Agfa submitted were "not new evidence" and that the tests were "deficient".

The Court last week dismissed Agfa's application for an injunction, ordering Agfa to pay Xingraphics' legal costs in the amount of €120,000 (A$170,000).

Safwen Hijazi, Xingraphics corporate vice president, said: "This judgment once again confirms our position that our technology is unique and in no way infringes Agfa's technology."

"As intellectual property rights owners, Xingraphics respects such rights, but we will vigorously defend our position when allegations are unfairly aimed at us."

"I again want to emphasise that the industry deserves to have access to an alternative thermal CTP plate technology that is of equal or higher quality than our competitors without being threatened to make that choice," he added.

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