Xerox Sues HP... Again

The war escalates. This time, Xerox claims Hewlett-Packard is using its patented technology to make text characters look less blocky. By Jennifer Sullivan.

In the latest tit-for-tat between two of the biggest printer makers, Xerox has filed a second patent-infringement lawsuit against Hewlett-Packard, alleging that HP stole a key text-handling technology.

The suit, filed Thursday in Rochester, New York, alleges that HP's printers are using Xerox patented technology to print high-resolution text characters. Xerox (XRX) seeks unspecified damages and an injunction to stop Hewlett-Packard (HWP) from making the products.

The patented technology "is used in one or more printers, to be revealed during the course of the lawsuit," said Brent Laymon, Xerox spokesman. This suit is separate from the others, he said.

"We are not in a position to make comment on the suit because we are still analyzing it," said Jeremy James, HP spokesman.

In recent years, Xerox has been trying to steal some of Hewlett-Packard's laser printer business. Tension between the companies has erupted in court.

In September 1997, Hewlett-Packard filed suit against Xerox in San Francisco, alleging that Xerox infringed on HP trademarks on the packaging of some of Xerox's remanufactured toner cartridges. The cartridges in question can be used with HP LaserJet printers, said Doug Cole, HP spokesman. The suit claims that the Xerox packaging violated HP trademarks.

In May, Xerox filed suit, claiming HP sold printheads and ink cartridges that use patented Xerox technology. The suit seeks unspecified damages, and names 10 Deskjet printers and cartridges, one Photosmart photo printer and cartridge, two color copiers and cartridges, and three Office Jet Pro printers and cartridges.

HP sued Xerox again shortly thereafter, this time claiming Xerox used patented parts of its touch-screen copy machine interface.

In July, a judge denied HP's request to stop Xerox from packaging its remanufactured toner cartridges with HP trademarks. But the trademark-infringement trial will go on.

In patent-infringement litigation, it's common for the defendant to lash back with its own infringement claims, a tactic that sometimes results in an out-of-court settlement.

Xerox's stock fell 19 cents to $83.38. HP rose 81 cents to $54.19.