Canon Files Action Against LD Products; Obtains Injunctions, Amazon Take-Downs

This week in Canon Inc.’s continuing battle against third-party toner cartridges designed for use in HP laser printers, it announced a new patent-infringement lawsuit, as well as new injunctions and new Amazon cartridge take-downs.

LD Products Lawsuit

Canon announced today that it had filed a patent-infringement complaint in the U.S. District Court for the Central District of California against LD Products, Inc. for infringement of Canon’s U.S. Patent No. 8,588,646.

As set forth in the complaint, LD Products sells toner cartridges that Canon alleges infringe on Canon’s patent for use in various models of Canon and HP laser printers. These include toner cartridges which LD Products has stated are compatible with Canon toner cartridge models 116, 131, and 131II and HP toner cartridge models 125A, 128A, 131A, and 131X. LD Products sells  the infringing toner cartridges online, through, for example, on its website ldproducts.com, as well as on Amazon.com. Canon is seeking damages and injunctive relief.

This isn’t the first time Canon has sued LD Products. Back in 2014, LD Products ended that dispute by consenting to a Consent Order issued by the U.S. International Trade Commission, and a Consent Judgment and Permanent Injunction from the Southern District of New York. The orders prohibited LD Products from making, using, selling, and offering for sale in the United States, and from importing into the United States, toner cartridges and photosensitive drum units that Canon says infringe upon Canon patents.

Hamle GmbH Injunction

Also today, Canon announced that the District Court Düsseldorf in Germany granted a preliminary injunction against Hamle GmbH, doing business as “hamle,” “liondo” and “merotoner,” 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 Hamle GmbH 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 model HP CF226A, which is 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.

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.

Quicktoner Amazon Take-Down

Also today, Canon announced that it filed Report Infringement Forms with Amazon.com seeking removal of Amazon.com listings for certain toner cartridges sold by Quicktoner for use in HP laser printers.

Canon’s Report Infringement Forms alleged that certain model CE255X toner cartridges sold by Quicktoner 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 Quicktoner’s listings for this product, namely, Quicktoner’s listings with Amazon Standard Identification Numbers (“ASINs”) B01MT9WC62, B01N2385R6, B07JK5HTBG, B01MS88YRM, B01N5Q6E7I, B01N238506, B07JK4TXF1, B07JK4MY4W and B01VBVKADX.

At the time of this announcement, the above-identified Quicktoner listings were no longer available on Amazon.com.

Brama Hispania Amazon Take-Down

Also on March 27th, Canon announced it had filed 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 “CB540A” offered by Brama Hispania S.L. under the ASIN (Amazon Standard Identification Number) B00DYVTLYI.

Afterwards, Amazon took down the respective product. This product is compatible with the OEM HP toner-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.

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 vendor about the take-down and the vendor may object to it.

Omage Amazon Take-Down

On March 22nd, Canon announced that it had filed Report Infringement Forms with Amazon.com seeking removal of Amazon.com listings for certain toner cartridges sold by Omage for use in HP laser printers.

Canon’s Report Infringement Forms alleged that certain model CE505A and CF226A toner cartridges sold by Omage 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 Omage’s listings for this product, namely, Omage’s listings with Amazon Standard Identification Numbers (“ASINs”) B002GF11WS, B074WJ9BY1, B074ZQM1VR, B0752VQMJ3, B075314PYY, B0752WFNP7 and B0752W8P3S.

At the time of this announcement, the above-identified Omage listings were no longer available on Amazon.com.

Matthias Böhne Injunction

Also on March 22nd, Canon announced that the District Court Düsseldorf in Germany granted a preliminary injunction against Matthias Böhne, doing business as “B + S EDV-Zubehör” and “pripa.”

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 Matthias Böhne from offering and distributing toner cartridges comprising a drum unit with a certain coupling member, via, for example, www.amazon.de and www.pripa.de.

The infringing cartridges can replace the OEM toner cartridge model HP CE505A, which is 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.

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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