Pelikan Hardcopy Deutschland Gmbh had disputed the validity of Canon's patent no. 0 635 373, challenging an earlier legal ruling that the European patent, held by Canon, is valid in Germany. However, Germany's Federal Court of Justice rejected Pelikan's appeal.

In a statement following the decision Canon said: “Canon will continue to take a firm stand against activities that infringe upon the patent and will pursue all legal means available to actively protect the company's intellectual property.”

Recycler has contacted Pelikan Hardcopy for its reaction to the ruling. Last year Pelikan commented: “The Pelikan Hardcopy Group withdrew these products from the market three years ago and has neither sold nor distributed them since.”

'It is basic company policy not to market products before checks have been run to ensure they comply with mandatory requirements for patents. In the event that a product runs the risk of infringing patent protection, it is amended or changed. Hence, Pelikan Hardcopy continues to ensure that the products it sells and distributes do not infringe patent protection.”