Xerox Corp is to appeal against the dismissal of an inkjet patent infringement case against Hewlett-Packard Co on Tuesday – one of three it has taken out against HP. A request for summary dismissal of the case was granted to HP by the US District Court for the Western District of New York in Rochester under Judge Michael Telesca. Xerox filed the suit in May 1998, claiming that HP had violated its proprietary multi-color thermal inkjet print- head technology.

We disagree with the judge’s decision and fully expect the case will be reversed on appeal, said Xerox Channels Group president James Firestone. We are confident that the courts will ultimately conclude that HP has illegally used patented Xerox technology in developing its inkjet printing line and that we should be appropriately compensated. HP claimed the ruling validated its position. Antonio Perez, president and CEO of HP’s Inkjet Imaging Solutions division, said that HP has developed substantially more inkjet technology than Xerox.

The other pending cases cover resolution enhancement and color adjustment in laser and inkjet printers. Neither of these cases has come to trial. á