Gateway and Hewlett Packard claim mutual patent infringement

July 7, 2004

Gateway and Hewlett Packard claim mutual patent infringement
Computer copyright dispute between Gateway and Hewlett Packard (HP) still remains unsolved. On Tuesday, Gateway asked the US International Trade Commission (ITC) to order that HP cease import of certain computers and production of computer monitors and parts, and compensate for losses, based on possible infringement of three respective multimedia functions patents.

Gateway’s appeal mirrors the one filed by HP with ITC earlier in May this year. HP alleged that Gateway had infringed on seven of its patent rights, thus seeking injunction that bars Gateway from importing computers and parts. The patent dispute between the two companies started in March last year, when an R&D company under HP filed a lawsuit with the US South California District Court, alleging that Gateway had violated six of its computer-related patents, thus claiming adequate compensation. The HP R&D company was set up earlier last year for the purpose of raising the license profits of the company’s technological department.

Upon this, Gateway vowed to counterattack, and in May last year it started legal procedures against HP for infringement of its own patent rights. Tuesday’s appeal was preconceived, HP representative said. Both companies said it is going to be a lengthy trial, but expressed their will for reconciliation.

HP is strongly resolved to win the case, because it has 6000 computer-related patents, vice president of HP copyright department Joe Beyers said. However, he added, HP agrees to reach reconciliation with Gateway through court mediation. If nothing of the sort happens, it will take ITC one year to arbitrate, i.e. ten months to one year for investigation, hearing of witnesses and settling of the case.