Court backs Creo in Agfa patent suit

A US court has ruled in favour of Creo in Agfas lawsuit against it regarding the infringement of six patents relating to CTP autoloaders.

Agfa originally applied for, and received, patents for its multi-cassette plate loaders and in 2000 filed a lawsuit asserting that the design of the autoloaders on the Creo Platesetter 3244 and Scitex Lotem XL represented an infringement.

 

Creo claimed that the patents were unenforceable because Agfa intentionally misled the US Patents and Trademark Office (USPTO) in its application by, among other things, not disclosing that at the time of the application Agfa was selling Creo CTP products and "knew them intimately".

 

The case could also have had an impact on later Creo products.

 

Finding in favour of Creo, the court ruled that Agfa had intentionally withheld material information and intentionally misrepresented the state of prior art for multiple cassette systems.

 

The ruling stated: "What emerges is a corporate intention to obtain patent rights that the participants knew or feared could not be obtained if the USPTO were given the full knowledge of the existing prior art and similar industry information."

 

"Agfa's patents would never have been issued had it told the Patent Office the complete facts on the development of automated CTP technology," said Creo chief executive officer Amos Michelson.

 

"This is a victory for the entire industry as we have now eliminated these Agfa patents from the competitive landscape."

 

The court also ruled that Creo would be entitled to apply for a portion of its costs, which it looks set to do in the next two weeks. Agfa can appeal. Agfa issued the following statement: "Agfa is disappointed and respectfully disagrees with the decision. We are studying the findings carefully. No decisions have been taken as to whether the judgement will be appealed."

 

Story by Darryl Danielli