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

Creo, in defence, claimed that the patents were unenforceable because Agfa intentionally misled the US Patents and Trademark Office (USPTO) in its application.

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 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 recover a portion of its costs. As PrintWeek went to press Agfa was unavailable for comment.

Story by Darryl Danielli