More Amazon Take-Downs for Canon; Settles with German Remanufacturer

Canon Inc of Tokyo, Japan, reported today that it’s petitioned Amazon to remove various third-party toner cartridges from its e-commerce website, and that it also concluded a patent-infringement lawsuit in Germany.

  • Canon filed an infringement report with Amazon.com seeking removal of Amazon.com listings for certain toner cartridges sold by Laser Tek Services, Inc. for use in HP laser beam printers. Canon’s infringement report alleged that certain model HP 126A toner cartridges sold by Laser Tek Services, Inc. via Amazon.com infringed on Canon’s U.S. Patent No. 8,688,008. Canon requested that Amazon remove Vision Supplies’ listings for those products, namely, Laser Tek Services, Inc.’ listings with Amazon Standard Identification Numbers (“ASINs”) B007W0A8TE, B00O852MHM, B00O852JY8, B00O852BSC, B00O852ENO, B00O852G14, B00O852H36, B00O852CU4 and B00O8528M6. At the time of this announcement, the Laser Tek Services listings were no longer available on Amazon.com.
  • 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 models “CB540A”, “CE320A”, “CF210A”, “CB541A”, “CE321A”, “CF211A”, “CB542A”, “CE322A”, “CF212A” and “CF210X” offered by LPC Società a Responsabilià Limitata Semplificata under the ASINs (Amazon Standard Identification Number) B00Z75R394, B00Z9U1J0Q, B00Z9ULGFO, B00Z74YJ38, B00Z764AJO, B00Z76CO0G, and B00Z9UYMNM. Afterwards, Amazon took down the respective products. These products are compatible with the HP toner-cartridge models CB540A, CE320A ,CF210A, CB541A, CE321A, CF211A, CB542A, CE322A, CF212A and CF210X, 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 an infringement report with Amazon.com seeking removal of Amazon.com listings for certain toner cartridges sold by True Color Toner for use in HP laser beam printers. Canon’s infringement report alleged that certain model HP 126A toner cartridges sold by True Color Toner via Amazon.com infringed on Canon’s U.S. Patent No. 8,688,008. Canon requested that Amazon remove True Color Toner’ listings for those products, namely, True Color Toner’ listings with Amazon Standard Identification Numbers (“ASINs”) B01N9KD575, B01NGYLKNF, B01N6JTWAK, B01N0TLQH7, B01MZ2R2XW, B01MZ2IVGP, B01MY17SYT, B01MT1TE7M, and B01N1V39OO. At the time of this announcement, the True Color Toner listings were no longer available on Amazon.com.

5-Sterne Lawsuit

Canon also reported that it and 5-Sterne Handel UG, which does business as “Starlet24”, as well as its managing directors, agreed to resolve their pending patent-infringement dispute by signing a settlement agreement.

Under the agreement, 5-Sterne Handel accepted a preliminary injunction issued by the District Court Düsseldorf in Germany based on the infringement of the German portion of Canon’s European Patent EP 2 087 407 B1 as final and binding between the parties. 5-Sterne Handel also agreed to pay Canon damages for past infringements.

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