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Weil Secures Summary Judgment for Vistaprint

On December 20, 2017, Weil secured summary judgment in Industrial Print Technologies v. Hewlett Packard and Vistaprint, dismissing all of the claims against Vistaprint, HP’s customer. Vistaprint and some of its sister companies were accused of infringing patents directed to variable data printing by operating HP printers in Canada and subsequently importing postcards into the United States. The case was decided in the U.S. District Court for the Northern District of Texas.

The court granted summary judgment under 35 USC 271(g), finding for the defendants on three grounds: first, that none of the accused Vistaprint entities were the importer of record; second, that the final printed postcards were materially changed from the bitmaps claimed by the asserted patents, and so were not within the reach of 271(g); and finally, that none of the Vistaprint entities owned or controlled the other Vistaprint entities, applying the Federal Circuit’s standard for “direction and control” for divided infringement.

This victory successfully resolves all claims against Vistaprint.

The Weil team was led by Patent Litigation partner Edward Reines and included associates Robert Magee, Audrey Maness and Amanda Branch.