Canon Obtains Two New Amazon Toner-Cartridge Take-Downs

Canon Inc. today announced that it had filed infringement reports for two brands of unauthorized toner cartridges being sold on the Amazon ecommerce website:

  • Canon filed an infringement report with Amazon.ca seeking removal of an Amazon.ca listing for certain toner cartridges sold by ESTON Store. Canon alleged that certain model 125A toner cartridges sold by ESTON Store via Amazon.ca infringed on Canon’s Canadian Patent no. 2,635,791. Canon requested that Amazon remove the corresponding listing for these products, listed under the Amazon Standard Identification Number B01DLP1VHG.  These cartridges are no longer available on Amazon.ca.
  • Canon 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 “CE320A” offered by Green2Print under the ASIN (Amazon Standard Identification Number) B01FY2EP86. Afterwards, Amazon took down the respective products. These products are compatible with the HP toner-cartridge model CE320A 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.

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 vendors about the take-downs and the vendors may object to it.

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