Canon Continues Campaign Against Clone Toner Cartridges

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Canon Inc. of Tokyo, Japan, today announced four actions it’s taken against sellers of third-party clone toner cartridges used in HP laser printers.

First, Canon announced that the District Court Düsseldorf in Germany granted a preliminary injunction against 5-Sterne Handel UG, which conducts business as “Starlet24,” as well as against its managing director.

The preliminary injunction is based on the infringement of the German portion of Canon’s European patent EP 2 087 407 relating to a drum unit and a process cartridge. The preliminary injunction enjoins 5-Sterne Handel  from offering and distributing laser toner cartridges comprising a drum unit with a certain coupling member, via www.amazon.de and www.starlet24.de for example. The infringing cartridges can replace HP toner cartridges CE505X, HP CE505A, HP CF280X, and HP CF280A, which are used with HP laser printers. The preliminary injunction contains a claim for sequestration, so that the infringing cartridges have been handed over to a bailiff until the matter is finally solved.

Defendants have the option to file an objection against the preliminary injunction. However, as service on defendants was effected, Canon can enforce this decision.

Amazon Take-Downs

Canon also announced that it’s filed infringement report with Amazon.com seeking removal of Amazon.com listings for certain third-party toner cartridges sold for use with HP laser printers. Canon request that Amazon remove toner cartridges sold by:

  • Express for use with HP laser beam printers. Canon’s infringement report alleged that certain model CE255A toner cartridges sold by Express via Amazon.com infringed on Canon’s U.S. Patent Nos. 8,280,278; 8,630,564; 8,682,215; 8,688,008; and 8,676,090. Canon requested that Amazon remove Express’s listings for those products, namely, Express’s listings with Amazon Standard Identification Number (“ASIN”) B01MG1SZVV. At the time of this announcement, the above-identified Express listings were no longer available on Amazon.com.
  • Canon filed a Report Infringement Form with Amazon Italy based on the alleged use of claim 1 and 25 of the Italian portion of Canon’s European Patent EP 2 087 407 regarding the cartridge model “CF280A” offered by ilcompatibile di massimiliano Abbagnara under the ASIN (Amazon Standard Identification Number) B00L48CTJW. Afterwards, Amazon took down the  products. These products are compatible with HP toner-cartridge model CF280A and provide inter alia a non-OEM coupling member, a non-OEM drum as well as a non-OEM housing.
  • Canon filed a Report Infringement Form with Amazon.co.uk based on the alleged use of claim 1 and 25 of the U.K. portion of Canon’s European Patent EP 2 087 407 regarding the cartridge model “CF280X” offered by Solar Electronics Ltd under the ASIN (Amazon Standard Identification Number) B01HEXP8HK. Afterwards, Amazon took down the product. This product is compatible with HP toner-cartridge model CF280X and provides inter alia a non-OEM coupling member, a non-OEM drum as well as a non-OEM housing.

Canon notes that filing a Report Infringement Form with Amazon is a service offered by Amazon and does not comprise any official finding of validity or infringement of a patent. The decision to take down a product is in the discretion of Amazon and is based on information provided by Canon.

Amazon is said to have informed the vendors about the takedown requests and the vendors may object to it.

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