Canon Receives Amazon Toner Take-Downs, Preliminary Injunction

It’s been a busy week for Canon Inc. Aside from announcing that it would appeal the U.S. International Trade Commission’s affirmation of non-patent infringement (see here), Canon also announced various activities related to removing non-Canon toner cartridges and supplies from the marketplace – all of which it says infringe on its patents.

On May 23rd, Canon announced that:

  • It had filed a Report Infringement Form 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 “CF210A” offered by Keser, Ibrahim under the ASIN (Amazon Standard Identification Number) B00IAR6TC8.
  • Canon Inc. today announced the filing of a Report Infringement Form with Amazon.co.uk based on the alleged use of claims 1 and 25 of the UK portion of Canon’s European Patent EP 2 087 407 regarding the cartridge models “CE505A” and “CE255X” offered by VENUE DESIGN & CONSULTING SRL-D under the ASINs (Amazon Standard Identification Numbers) B07FGXNKRN and B07F87Q2G8. Afterwards, Amazon took down the respective products. These products are compatible with the OEM HP cartridge models CE505A and CE255X and provide inter alia a non-OEM coupling member, a non-OEM drum as well as a non-OEM housing. Afterwards, Amazon took down the respective product. This product is compatible with the OEM HP cartridge model CF210A 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.

In both 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 vendor about the takedown and the vendor may object to it.

Eurobyte Injunction

Also on May 23rd, Canon reported that the District Court Düsseldorf in Germany granted a preliminary injunction against Eurobyte Asesores Informaticos SL, doing business as “GreenPrinter,” 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 Eurobyte Asesores Informaticos SL from offering and distributing laser toner cartridges comprising a drum unit with a certain coupling member, via, for example, www.amazon.de and www.eurobyteasesores.com. The infringing cartridges can replace the OEM cartridge model HP CF280X, which is compatible with HP laser beam printers.

Defendants have the option to file an objection against the preliminary injunction. However, as service on Defendants was effected, Canon can enforce this decision.

35 Toner Listings Removed from Amazon France

On May 20th, Canon  announced that over the last eight months, 35 listings offering third-party laser toner cartridges via Amazon.fr were removed after Canon had sent information letters to vendors on Amazon.fr, or after Canon had submitted reports to Amazon.fr using the “Amazon Reporting Tool” after considering a vendor’s comments on the letter, if any.

The information letters and reports describe why Canon believes a product makes use of claims 1 and 25 of the French portion of Canon’s European Patent EP 2 087 407 B1 or claims 1 and 2 of the French portion of Canon’s European Patent EP 1 977 289 B1, and are prepared by Canon after its technical experts for laser toner cartridges conducted a detailed examination of the products.

Canon noted that the “Amazon Reporting Tool” is a service offered by Amazon and does not encompass any official finding of validity or infringement of a patent. Canon stated that it appreciates the support of Amazon in protecting its intellectual property rights.

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