Canon Files Patent-Infringement Action, Requests Toner Take-Downs

Canon Inc. of Tokyo, Japan, reported today that it filed a new patent-infringement lawsuit, and also requested Amazon to remove various unauthorized toner cartridges from its ecommerce site.

Canon announced it’s filed a complaint in the U.S. District Court for the Central District of California against Globest Trading, 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, Canon alleges that Globest Trading sells toner cartridges that infringe Canon’s patent under the name “Ink E-Sale,” for use in various models of Canon and HP laser printers. These include laser beam printers that accept Canon toner cartridge models 116, 131 and 131II and HP toner cartridge models 125A, 128A, 131A, 131X, 305A and 305X. Globest Trading sells the infringing toner cartridges online, through at least Amazon.com and its website inkesale.com. Canon is seeking damages and injunctive relief.

Amazon Requests

Canon announced that it’s field Report Infringement Forms 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 models CC530A, CC531A, CC532A and CC533A offered by Maria Carmen García Fornet under the ASIN (Amazon Standard Identification Number) B07SZM3YBK.

Afterwards, Amazon took down the respective products. These products are compatible with the OEM HP 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 also announced it had filed Report Infringement Forms with Amazon.de, Amazon.co.uk, Amazon.it and Amazon.es based on the alleged use of claims 1 and 2 of the German, U.K., Italian, and Spanish portions of Canon’s European Patent EP 2087407 (“EP ‘407”) regarding certain models of toner cartridges offered by VENUE DESIGN & CONSULTING SRL-D under the following ASINs (Amazon Standard Identification Numbers):

Country Cartridge model ASIN
Germany CE505X
CF280A
B07DNCZG2C
B07F86VTKK
B07F82P9HS
B07F82322B
B07F817D36
B07F7ZT88H
UK CE505A
CF280A
CF280X
B07DNCZG2C
B07F86VTKK
B07F82P9HS
B07F82322B
B07F817D36
B07F7ZT88H
B07DNDP27P
B07DNDNKN6
Italy CE505X B07F86VTKK
B07F82P9HS
B07F82322B
B07F817D36
B07F7ZT88H
Spain CE505A/CF280A
CE505X/CF280X
B07FGXNKRN
B07DNF2HCX

Afterwards, Amazon took down the respective products. These products are compatible with the OEM HP cartridge model CE505A, CE505X, CF280A and CF280X and provide inter alia a non-OEM coupling member, a non-OEM drum as well as a non-OEM housing.

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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