Canon Obtains Injunction, Amazon Toner Take-Down

Canon Inc. of Tokyo, Japan, is continuing its legal targeting of sellers of third-party unauthorized toner-cartridge sellers around the world, today reporting that the District Court Düsseldorf in Germany granted a preliminary injunction against Print-klex GmbH & Co., which does business as “Print-klex” and “123color,” 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 bans  Print-klex GmbH & Co. from offering and distributing laser toner cartridges comprising a drum unit with a certain coupling member via, for example, www.amazon.de, www.ebay.de and www.print-klex.de. The infringing cartridges can replace HP Inc.’s CF226X and HP CF287A toner cartridges that are compatible with HP laser  printers.

The preliminary injunction also contains a claim for sequestration, so that the patent-infringing cartridges have been handed over to a bailiff until the matter is finally solved.

Canon noted that the 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-Down

Today, Canon also announced it filed a Report Infringement Forms with Amazon.it 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 toner-cartridge models “CB540A” and “CE320A” offered by Punto Rigenera S.R.L. under the ASINs (Amazon Standard Identification Number) B07D6MD8VL and B079HSYX39.

Afterwards, Amazon took down the respective products. These products are compatible with HP toner-cartridge models and provide inter alia a non-OEM housing and a non-OEM force receiving device according to claim 1 of EP ‘289. They also comprise an elastic portion according to claim 2 of EP ‘289.

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.

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