Canon Obtains Amazon Toner Take-Downs, Injunction

Canon Inc. of Tokyo, Japan, continues to pursue unauthorized third-party toner-cartridges designed for use primarily with HP laser printers, and which it says infringe on its patents, announcing new toner-cartridge take-downs from the Amazon ecommerce website, as well as the granting of a preliminary injunction.

Amazon Take-Downs

My Tech di Fiorellino Franco

On October 10th, Canon announced it filed a Report Infringement Form with Amazon UK based on the alleged use of claims 1 and 25 of the U.K. portion of Canon’s European Patent EP 2 087 407 regarding the cartridge model “CE505A” offered by My Tech di Fiorellino Franco under the ASIN (Amazon Standard Identification Number) B01BX29XJW. Afterwards, Amazon took down the product, which is compatible with the HP cartridge model CE505A and provides inter alia a non-OEM coupling member, a non-OEM drum as well as a non-OEM housing.

In all three 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 request and the vendors may object to it.

Dog Ink Limited

On October 10th, Canon announced that it 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 Germany, UK, Italian and Spanish portion of Canon’s European Patent EP 1 977 289 (“EP ‘289”) regarding certain models of toner cartridges offered by Dog Ink Limited under the following ASINs (Amazon Standard Identification Numbers).

Country Cartridge model ASIN
Germany CC530A
CC531A
CC532A
CC533A
B07PZRXJDD
B07P8RMZQT
UK CC530A
CC531A
CC532A
CC533A
B07PZRXJDD
B07P8RMZQT
Italy CC530A
CC531A
CC532A
CC533A
B07PZRXJDD
Spain CC530A
CC531A
CC532A
CC533A
B07PZRXJDD
B07P8RMZQT

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.

INTERNET BRAND DEVELOPMENT

On October 10th, Canon announced that it 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 Germany, UK, Italian and Spanish portions of Canon’s European Patent EP 1 977 289 (“EP ‘289”) regarding certain models of toner cartridges offered by INTERNET BRAND DEVELOPMENT (HK) LIMITED under the following ASINs (Amazon Standard Identification Numbers).

Country Cartridge model ASIN
Germany CF210X
CF210A
CF211A
CF212A
CF213A
B01E9T1V2I
UK CF210X
CF210A
CF211A
CF212A
CF213A
B01E9T1V2I
Italy CF210X
CF210A
CF211A
CF212A
CF213A
B01E9T1V2I
Spain CF210X
CF210A
CF211A
CF212A
CF213A
B01E9T1V2I

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.

ShopCartridges

On October 9th, Canon announced it filed an infringement report with Amazon.ca seeking removal of an Amazon.ca listing for certain toner cartridges sold by ShopCartridges.

Canon’s infringement report alleged that certain model CC530A, CC531A, CC532A, CC533A, CE410X, CE410A, CE411A, CE412A, CE413A, CF380X, CF381A, CF382A and CF383A toner cartridges sold by ShopCartridges via Amazon.ca infringed Canon’s Canadian Patent no. 2,635,791. Canon requested the removal of the corresponding listings for these products, namely Amazon Standard Identification Numbers B01IRK6DM8, B01IRM25KA, B01IRMBHV8, B01IRN46K6, B01I23FQC8 and B01I24PS5W.

At the time of this announcement, products sold under the above identified listings were no longer available on Amazon.ca.

In all four cases, Canon noted that filing an infringement report with Amazon.ca is a service offered by Amazon and does not constitute an official finding of infringement. The decision to take down a product is in the discretion of Amazon and is based on information provided by Canon.

Preliminary Injunction

On October 9th, Canon announced that the District Court Düsseldorf in Germany granted it a preliminary injunction against Venue Design & Consulting SRL-D, trading under “Ecoink,” 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 Venue Design & Consulting SRL-D from offering and distributing laser toner cartridges comprising a drum unit with a certain coupling member via, for example, www.amazon.de. The infringing cartridges can replace the OEM cartridge models “HP CF280A,” “HP CE505A” and “HP CE255X,” which are compatible with HP laser printers.

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

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