Canon Wins Injunction, Amazon Canada Toner Take-Downs

In the last week, Canon Inc. of Tokyo, Japan, made several announcements involving its campaign to remove from the market place unauthorized third-party toner cartridges designed for use with HP laser printers.

V4INK Case 

On October 24th, Canon announced it concluded a patent-infringement dispute with V4INK, Inc. in the U.S. District Court for the Central District of California concerning toner cartridges sold for use in various models of Canon and HP laser printers.

As a result of the lawsuit, the court issued a permanent injunction prohibiting V4INK from making, using, selling, and offering for sale in the United States, and from importing into the United States, the toner cartridges that Canon accused of infringement.

Canon had filed suit against V4INK on May 7, 2019, for infringement of Canon’s U.S. Patent Nos. 7,869,740; 8,165,494; 8,588,646; 8,971,760; 9,494,916; 9,857,763; and 10,162,304. On October 21 , the court entered default judgment and issued a permanent injunction against V4INK, permanently enjoining V4INK’s activities relating to the accused products and any other products that infringe any of these patents and are not more than “colorably” different from the accused products.

Amazon Toner Take-Downs

On October 29th, Canon also announced that it had requested Amazon to remove various third-party toner cartridges from the Amazon ecommerce website.

Laser Tek Services

Canon filed an infringement report with Amazon.ca seeking removal of an Amazon.ca listing for certain toner cartridges sold by Laser Tek Services, Inc.

Canon’s infringement report alleged that certain model CB540A, CB541A, CB542A, CB543A, CE320A, CE321A, CE322A and CE323A toner cartridges sold by Laser Tek Services, Inc via Amazon.ca infringed on Canon’s Canadian Patent no. 2,635,791.

Canon requested the removal of the corresponding listings for these products, having Amazon Standard Identification Numbers B00M28A8Y6, B00M28A6PW, B00M28ACWO, B00M28ALXE, B00M28AAQM, B00M28AF8A, B00M28AD28, B00M28ANNM, B00M28AQ34, B00M28AUBM, B00OU10QJ0, B00OU10T4W, B00OU117WK, B00OU10RNA, B00OU11A68, B00OU11BVM, and B00OU10COE.

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

Copystars Dvd Duplicator

Canon’s infringement report alleged that certain model CB540A, CB541A, CB542A ,and CB543A toner cartridges sold by Copystars Dvd Duplicator Blu Ray Burners via Amazon.ca infringed on Canon’s Canadian Patent no. 2,635,791. Canon requested the removal of the corresponding listings for these products, namely Amazon Standard Identification Numbers B07B24TT9B, B07B2B4HLM, B07B26DQLD, B07B277Z6Y and B07B2846R9.

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

Toners R Us

Canon filed an infringement report with Amazon.ca seeking removal of an Amazon.ca listing for certain toner cartridges sold by Toners R Us.

Canon’s infringement report alleged that certain model CB540A, CB541A, CB542A, CB543A, CE320A, CE321A, CE322A, CE323A, CF210X, CF211A, CF212A and CF213A toner cartridges sold by Toners R Us 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 B06XZVFHFN, B06Y5BW88W, B06Y4WY942, B06Y58K2PN, B06Y587LS1, B06Y58K1M5, B06XZQ3YQT, B06Y5C9L9D, B06Y5C9L9C, B06Y5CMYV9, B06Y58RYHV, B06XZMW5P5 and B06Y4WY93F.

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

In all three 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.

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