Canon Obtains Injunctions, Amazon Removals, for Multiple Third-Party Toner Cartridges

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Continuing its legal campaign around the world against sellers of third-party manufactured toner cartridges, in the last several days, Canon Inc. of Tokyo, Japan, has requested Amazon take down multiple third-party toner cartridges, all of which are sold for use with HP Inc. laser printers, and which it says infringe upon Canon patents. Canon also received two preliminary injunctions against third-party toner-cartridge sellers.

Amazon Take-Downs

  • On February 12th, Canon announced it filed a Report Infringement Forms with Amazon ES based on the alleged use of claims 1 and 2 of the Spanish portion of Canon’s European Patent EP 1 977 289 (“EP ‘289”) regarding toner cartridge models “CB540A” and “CB542A”offered by magic-stores.biz UG under the ASINs (Amazon Standard Identification Number) B071JMDLL6 and B071G1JY93. Afterwards, Amazon took down the products. These products are compatible with the OEM HP cartridge models and provide inter alia a non-OEM housing and a non-OEM force receiving device according to claim 1 of EP ‘289. Furthermore, they comprise an elastic portion according to claim 2 of EP ‘289.
  • Also on February 12th, Canon announced it filed a  Report Infringement Form with Amazon Italy based on the alleged use of claims 1 and 2 of the Italian portion of Canon’s European Patent EP 1 977 289 (“EP ‘289”) regarding the cartridge model “CB540A” offered by LD Products Inc. under the ASIN (Amazon Standard Identification Number) B0721YWXTM. Afterwards, Amazon took down the  product. This product is compatible with the OEM HP cartridge model and provides inter alia a non-OEM housing and a non-OEM force receiving device according to claim 1 of EP ‘289. Furthermore, it comprises an elastic portion according to claim 2 of EP ‘289.
  • On February 7th, Canon file a Report Infringement Form with Amazon.es based on the alleged use of claims 1 and 2 of the Spanish portion of Canon’s European Patent EP 1 977 289 (“EP ‘289”) regarding the cartridge model “CB543A” offered by ARTEMIS GLOBAL, S.L.U. under the ASIN (Amazon Standard Identification Number) B071W2DPMD. Afterwards, Amazon took down the product. This product is compatible with the OEM HP cartridge model and provides inter alia a non-OEM housing and a non-OEM force receiving device according to claim 1 of EP ‘289. Furthermore, they comprise an elastic portion according to claim 2 of EP ‘289.
  • Also on February 7th, Canon announced it filed a Report Infringement Form with Amazon UK based on the alleged use of claim 1 and 25 of the UK portion of Canon’s European Patent EP 2 087 407 regarding the cartridge model “CF280A” offered by Shenzhen shangren keji youxian gongsi under the ASIN (Amazon Standard Identification Number) B07FC1178M. Afterwards, Amazon took down the respective product. This product is compatible with the OEM HP cartridge model CF280A and provides inter alia a non-OEM coupling member, a non-OEM drum as well as a non-OEM housing.
In all cases, Canon noted 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 informed the vendors about the take-downs and the vendors may object to it.

Preliminary Injunctions

Canon also reported that it had received multiple preliminary injunctions involving sellers of third-party toner cartridges:

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  • On February 12th, Canon announced that the District Court Düsseldorf in Germanygranted a preliminary injunction against Doree Supplies B.V., doing business as “AppleToner,” as well as against its managing directors. 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 Doree Supplies B.V. from offering and distributing laser toner cartridges comprising a drum unit with a certain coupling member, via, for example, www.amazon.de. The infringing cartridge can replace the OEM cartridge model HP CF280A which is compatible with HP laser printers. Canon noted that the defendants have the option to file an objection against the preliminary injunction. However, as service on the defendants was effected, Canon can enforce this decision.
  • On February 7th, Canon Inc. that the District Court Düsseldorf in Germany also granted a preliminary injunction against Nixim Europe Limited, trading as “Top Cartridge,” as well as against its managing directors. 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, which is not final and can be appealed, enjoins Nixim Europe Limited from offering and distributing laser toner cartridges comprising a drum unit with a certain coupling member via, for example, www.amazon.de. The infringing cartridges can replace the OEM cartridge models HP CE505A, HP CE505X, HP CF280A and HP CF280X, which are compatible with HP laser printers.

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