Canon Gets Win in Russian Court, Also Requests More Amazon Toner Take-Downs

Canon Inc. of Tokyo, Japan, today announced that the decision of the Moscow Arbitration Court was upheld by the Ninth Arbitration Court of Appeal in a toner-cartridge-related patent-infringement lawsuit in Russia.

Canon filed a patent-infringement lawsuit with the Moscow Arbitration Court against the defendants LLC VTT and LLC Pallady, asserting that defendants’ sales of certain toner cartridges infringe on Canon’s Russian Federation patent 2467370. On January 31, 2019, the Moscow Arbitration Court issued the decision in favor of Canon which, among others, permanently enjoins the defendants from selling the products found to infringe, and awards Canon a total of 4,000,000 rubles in compensation.

The defendants filed appeals against the decision of the Moscow Arbitration Court to the Ninth Arbitration Court of Appeal. On April 17, 2019, the Ninth Arbitration Court of Appeal decided to uphold the decision. The defendants have the option to file a further appeal to the Court on Intellectual Property Rights.

Amazon Toner Take-Downs

On April 22nd, Canon Inc. also reported that it had requested Amazon to remove three brands of third-party toner cartridges that it states infringe on its patents:

  • Canon filed  a Report Infringement Form with Amazon.co.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 toner-cartridge model “CE505A” offered by Toner Lab di Issa Erminia under the ASIN (Amazon Standard Identification Number) B002GF11WS. Afterwards, Amazon took down the respective product. This product is compatible with the OEM HP toner-cartridge model CE505A and provides inter alia a non-OEM coupling member, a non-OEM drum as well as a non-OEM housing.
  • Canon filed  Report Infringement Forms with Amazon.co.uk based on the alleged use of claims 1 and 2 of the UK portion of Canon’s European Patent EP 1 977 289 (“EP ‘289”) regarding the toner-cartridge models “CE320A”, “CE321A”, “CE322A”, and “CE323A” offered by AMZIC LTD under the ASIN (Amazon Standard Identification Number) B00ATD015M. Afterwards, Amazon took down the respective products. These products are compatible with the OEM HP toner-cartridge models “CE320A”, “CE321A”, “CE322A”, “CE323A” 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.
  • 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  toner-cartridge model “CE505X” offered by Promo Rigenera Srl under the ASIN (Amazon Standard Identification Number) B00OST3WWM. Afterwards, Amazon took down the respective product. This product is compatible with the OEM HP toner-cartridge model CE505X and provides inter alia a non-OEM coupling member, a non-OEM drum as well as a non-OEM housing.

In all three 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-down requests and the vendors may object to it.

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