Court Denies Hewlett-Packard's Request to Review Appeal
Sep 25 2000
Order Clears the Way for Class Certification of Inkjet Lawsuit
SAN FRANCISCO, Calif. (September 25, 2000) -- The California Court of Appeals, First Appellate District, Division Two, has denied a petition for a writ seeking review of the Superior Court of San Francisco County's order certifying a class of purchasers of Hewlett-Packard Inkjet Cartridges who have been overcharged as a result of Hewlett-Packard's violation of California's antitrust and unfair trade practices laws. A succinct, two-sentence order by the Court of Appeals cleared the way to certify a class in the lawsuit against Hewlett-Packard.
The lawsuit, filed April 19, 1999, alleges the monopolization of ink supplies, including inkjet cartridges, for use with Hewlett-Packard's inkjet printers. The lawsuit claims that the company locked-in consumers and required them to purchase an expensive Hewlett-Packard plastic cartridge and printhead each time the user needed replacement ink.
The complaint alleges that Hewlett-Packard also has embarked on a campaign of spreading "fear, uncertainty and doubt" (referred to at Hewlett-Packard as "FUD") among consumers in order to discourage consumers from purchasing less expensive ink re-supply products sold by competitors in the lucrative aftermarket for ink supplies for Hewlett-Packard inkjet printers. Furthermore, the complaint alleges that Hewlett-Packard designed its inkjet printers and inkjet cartridges to be incompatible with its competitors ink supply products, eliminating any choice consumers might have in buying other ink replacement products.
The class includes consumers who, after April 19, 1995, purchased an inkjet cartridge compatible with Hewlett-Packard 500, 600, 700 and 2000 Series inkjet printers, copiers and fax machines, including Hewlett-Packard's 51608A, 51625A, 51626A, 51633A, 51633M, 51629A, 51640A, and other replacement inkjet cartridges. The purchase could have been made through Hewlett-Packard directly or through retailers or wholesalers in California or 17other states.
Hewlett-Packard is a multi-billion-dollar manufacturer and distributor of office equipment, including personal computers, calculators, telecopiers and printers. In 1997, Hewlett-Packard enjoyed a powerful 92 percent share of the inkjet printers and inkjet cartridges North American market.
The plaintiffs are represented by the law firm of Robins, Kaplan, Miller & Ciresi L.L.P.
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