Canon Obtains Two Key Patent-Infringement Wins

In its continuing global campaign to stop the sale of unauthorized toner cartridges designed for use with HP laser printers, Canon Inc. of Tokyo, Japan, this week announced two key developments.

First, on February 18th, Canon announced the conclusion of a patent-infringement dispute with Do It Wiser LLC, which also does business under the name “Image Toner,” in the U.S. District Court for the District of Delaware, concerning toner cartridges sold for use with various HP laser printers.

In September 2018, Canon sued Do It Wiser for alleged infringement of Canon’s U.S. Patent No. 9,581,958 B2 based on Do It Wiser’s sales of alleged  infringing toner cartridges, including sales made through its Websites doitwiser.com and imagetoner.com.

To resolve the lawsuit, Do It Wiser agreed to pay Canon an undisclosed amount and stipulated to a consent judgment and permanent injunction from the District of Delaware, which prohibits Do It Wiser from making, using, selling and offering for sale in the U.S., and from importing into the U.S., the toner cartridges that Canon accused of infringement.

Also on February 18th, Canon announced that the District Court Düsseldorf in Germany granted it a preliminary injunction against Ines Krämer, doing business as “Büroartikelhandel DruFax” and “Faxland.” 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 bans Ines Krämer from offering and distributing laser toner cartridges comprising a drum unit with a certain coupling member, via, for example, www.amazon.de and www.faxland.de. The infringing cartridges can replace the OEM cartridge models HP CE505A, HP CF280X, and HP CE505X, which are compatible with HP laser  printers. Furthermore, the preliminary injunction contains a claim for sequestration, so the infringing cartridges have been handed over to a bailiff until the matter is finally solved.

Canon noted that the defendant has the option to file an objection against the preliminary injunction. However, as service on the defendant was effected, Canon can enforce this decision.

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