Canon Requests Amazon Toner Take-Downs, Files New Lawsuit

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Canon Inc. of Tokyo, Japan, announced today that it filed requests with Amazon seeking to remove third-party toner cartridges from the ecommerce website:

  • Canon filed Report Infringement Forms with Amazon.de based on the alleged use of claims 1 and 2 of the German portion of Canon’s European Patent EP 1 977 289 (“EP ‘289”) regarding the cartridge models “CE320A”, “CE322A” and “CE323A” offered by Bublat GmbH & Co. KG under the ASINs (Amazon Standard Identification Number) B0079078AO, B0079078N6 and B0079078JU. Afterwards, Amazon took down the respective products. These products are compatible with “CE320A”, “CE322A” and “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 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 cartridge model “CF210X” offered by Consumable Direct Limited under the ASINs (Amazon Standard Identification Number) B073P6P1MZ and B00IK0JO4K. Afterwards, Amazon took down the respective products. These products are compatible with the 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. Furthermore, they comprise an elastic portion according to claim 2 of EP ‘289.
  • Canon filed Report Infringement Forms with Amazon.de based on the alleged use of claims 1 and 2 of the German portion of Canon’s European Patent EP 1 977 289 (“EP ‘289”) regarding the cartridge model “CE320A” offered by PRINT KLEX GMBH & CO. KG under the ASIN (Amazon Standard Identification Number) B07D8RM1X1. Afterwards, Amazon took down the respective product. This product is compatible with the OEM HP cartridge model CE320A 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 vendors about the take-downs and the vendors may object to it.

V4Ink Patent-Infringement Lawsuit

On May 9th, Canon announced that it filed a complaint in the U.S. District Court for the Central District of California against V4INK, Inc., for infringement of Canon’s U.S. Patent Nos. 8,588,646; 7,869,740; 8,165,494; 8,971,760; 9,494,916; 9,857,763; and 10,162,304.

As set forth in the complaint, V4INK sells toner cartridges that Canon alleges infringe on patents for use in various models of Canon and HP laser printers. These include laser  printers that accept Canon toner cartridge models 116, 131, and 131II and HP toner cartridge models 125A, 128A, 131A, and 305A. Canon says that  V4INK sells the infringing toner cartridges online, including through its website, v4ink.com. Canon is seeking damages and injunctive relief.

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