Canon Continues Amazon Toner Take-Downs, Also Obtains Injunctions

In its seemingly near-ending drive to end the sale of unauthorized third-party  toner cartridges designed for use with laser printers marketed by its OEM partner HP. last week, Canon Inc. of Tokyo, Japan, reported that it had obtained numerous take-downs of unauthorized toner supplies from the Amazon ecommerce website, as well a preliminary injunction. Canon says these products infringe on numerous Canon intellectual property patents.

Xianshi

On November 8th, 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 xianshi yanliangqu canqiubaihuodianshanghang under the following ASINs (Amazon Standard Identification Numbers).

Country Cartridge model ASIN
Germany CE410A
CE411A
CE412A
CE413A
CF380A
CF381A
CF382A
CF383A
B07QZR38NY
B07R1X1F3P
B07R1X7LT4
B07QWKQRHK
B07R18YLGV
B07QZ55TYS
B07R3SRQ3X
B07R18XSHF
B07R3GFGVR
UK CE410A
CE411A
CE412A
CE413A
CF380A
CF381A
CF382A
CF383A
B07QZR38NY
B07R1X1F3P
B07R1X7LT4
B07QWKQRHK
B07R2LQF15
B07R18YLGV
B07QZ55TYS
B07R3SRQ3X
B07R18XSHF
B07R3GFGVR
Italy CC530A
CC531A
CC532A
CC533A
CE410A
CE411A
CE412A
CE413A
CF380A
CF381A
CF382A
CF383A
B07QYVTF69
B07QWNKY38
B07QXP4K35
B07QWS57P6
B07QWNNHRG
B07QYQFZ44
B07R32GJ7S
B07QZR38NY
B07R22Q6ZB
B07R1X1F3P
B07QZVMW1R
B07R1X7LT4
B07QYRGPHL
B07QWKQRHK
B07R21HB5B
B07R2LQF15
B07R18YLGV
B07QZ55TYS
B07R3SRQ3X
B07R18XSHF
B07R3GFGVR
Spain CE410A
CE411A
CE412A
CE413A
CF380A
CF381A
CF382A
CF383A
B07QZR38NY
B07R1X1F3P
B07R1X7LT4
B07QWKQRHK
B07R2LQF15
B07R18YLGV
B07QZ55TYS
B07R3SRQ3X
B07R18XSHF
B07R3GFGVR

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.

Eurotone

On November 8th, Canon Inc.  announced that it filed Report Infringement Forms with Amazon.de, Amazon.co.uk and Amazon.it based on the alleged use of claims 1 and 2 of the Germany, UK and Italian portions of Canon’s European Patent EP 1 977 289 (“EP ‘289”) regarding certain models of toner cartridges offered by Eurotone e.K. under the following ASINs (Amazon Standard Identification Numbers).

Country Cartridge model ASIN
Germany CC530A CC531A CC532A CC533A
CF410A CF411A CF412A CF413A
CF380A CF381A CF382A CF383A
B07CG54H3P
UK CC530A CC531A CC532A CC533A
CF410A CF411A CF412A CF413A
CF380A CF381A CF382A CF383A
B07CG54H3P
Italy CC530A CC531A CC532A CC533A
CF410A CF411A CF412A CF413A
CF380A CF381A CF382A CF383A
B07CG54H3P

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.

In all of the cases, Canon noted that filing a Report Infringement Form with

Tonerworld

On November 5th, Canon announced it filed a Report Infringement Form with Amazon Australia based on the alleged infringement of claim 160 of Canon’s Australian Patent Number AU2014208277 regarding the cartridge models CE505X and CF226A offered by Tonerworld Aus under the ASINs (Amazon Standard Identification Numbers) B07JJRTKX1, B07JL7QSW1 and B07JKX9L2R. After receipt of the Report Infringement Form, Amazon took down the respective product. This products provide a non-OEM coupling member, a non-OEM drum as well as a non-OEM housing.

ExtraPrint

On November 5th, Canon announced it filed a Report Infringement Form with Amazon Australia based on the alleged infringement of claim 160 of Canon’s Australian Patent Number AU2014208277 regarding the cartridge models CF280A and CF280X offered by ExtraPrint under the ASINs (Amazon Standard Identification Numbers) B078GP76L9 and B078GMNHQ2.

After receipt of the Report Infringement Form, Amazon took down the respective products. These products provide a non-OEM coupling member, a non-OEM drum as well as a non-OEM housing.

E-toner

On November 5th, Canon announced it filed a Report Infringement Form with Amazon Australia based on the alleged infringement of claim 160 of Canon’s Australian Patent Number AU2014208277 regarding the cartridge models CE505A and CE505X offered by E-toner under the ASINs (Amazon Standard Identification Numbers) B07CKT43Y2 and B07BYB43S5. After receipt of the Report Infringement Form, Amazon took down the respective products. These products provide a non-OEM coupling member, a non-OEM drum as well as a non-OEM housing.

In all of the Amazon take-downs, 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 down and the vendors may object to it.

Preliminary Injunction

On November 9th, Canon announced that the District Court Düsseldorf in Germany had granted it a preliminary injunction against HST Handels GmbH as well as against its managing director. The decision has already been served on the defendants.

The preliminary injunction is based on the infringement of the German portion of Canon’s European patent EP 1 977 289 B1 relating to a process cartridge. The preliminary injunction, which can be appealed, enjoins HST Handels GmbH and its managing director from offering and distributing certain laser toner cartridges, e. g. via www.amazon.de, www.tonerkombinat.de and www.ink24.de.

The infringing embodiment includes a developing unit moveable relative to the drum unit when receiving force via a force receiving device. The cartridges at issue can replace the OEM cartridge models HP CC530A, HP CC531A, HP CC532A, HP CC533A, HP CE410A, HP CE411A, HP CE412A, HP CE413A, HP CF380A, HP CF381A, HP CF382A, HP CF383A, HP CE320A, HP CE321A, HP CE322A, HP CE323A, HP CB540A, HP CB541A, HP CB542A, HP CB543A, HP CF210X, HP CF211A, HP CF212A and HP CF213A which are compatible with HP laser printers. Furthermore, as the preliminary injunction contains a claim for sequestration, the infringing cartridges must be handed over to a bailiff until the matter is finally solved.

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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