Canon’s US IP case goes to International Trade Commission

May 8, 2014

The case, which began in January, has now moved to the US International Trade Commission (USITC), and has added new companies and removed previous defendants including MSE.

The USITC's headquarters in Washington D.C.

The USITC’s headquarters in Washington D.C.

The OEM reported that it had filed a complaint with the USITC yesterday against 33 manufacturers, distributors and retailers of “toner cartridges that infringe Canon’s US patents”, with the patents referenced the same as those in the earlier case filed at the District Court for the Southern District Court of New York in January.

As in January, the patents that Canon has claimed have been infringed are: 8,135,304; 8,280,278; 8,369,744; 8,565,640; 8,630,564; 8,676,085; 8,676,090; 8,682,215; and 8,688,008. However, the defendants have changed somewhat from the original 18 listed, with 33 now named, and notably MSE (previously named as Wazana Brothers International) and Provantage LLC have been removed.

The new list of defendants includes the following (those marked with an asterisk were previously named in January):

-Acecom, Inc. – San Antonio*

-ACM Technologies, Inc.

-American Internet Holdings, LLC*

-Aster Graphics Co., Ltd.*

-Aster Graphics, Inc.*

-Do It Wiser LLC

-Grand Image Inc.

-Green Project, Inc.*

-Ink Technologies Printer Supplies, LLC*

-Innotex Precision Ltd.*

-International Laser Group, Inc.

-Jiangxi Yibo E-tech Co., Ltd.*

-Katun Corporation

-LD Products, Inc.

-Linkyo Corp.*

-Nano Pacific Corporation

-Nectron International, Inc.

-Ninestar Image Tech Limited

-Ninestar Image Tech, Ltd.

-Ninestar Technology Company, Ltd.

-Online Tech Stores, LLC*

-Print-Rite Holdings Ltd.*

-Print-Rite N.A., Inc.*

-Print-Rite Unicorn Image Products Co. Ltd.*

-Printronic Corporation

-Seine Image (USA) Co., Ltd.

-Seine Image Int’l Co., Ltd.

-Seine Tech (USA) Co., Ltd.

-Shenzhen ASTA Official Consumable Co., Ltd.

-The Supplies Guys, LLC*

-Union Technology Int’l (M.C.O.) Co. Ltd.*

-Zhuhai Seine Technology Co., Ltd.

-Zinyaw LLC

The complaints against the new companies were also filed in the District Court for the Southern District of New York today, with these specific complaints alleging infringement “of the same patents asserted in the USITC complaint” as well as of US patents 8,433,219, 8,437,669 and 8,494,411.

Canon stated of the case: “The infringing cartridges are sold for use in more than 50 models of Canon and Hewlett-Packard laser beam printers. Canon is seeking a general exclusion order in the USITC action and damages and injunctive relief in the district court actions.

“Throughout the development, sales and marketing process, Canon respects the intellectual property of other companies and individuals and expects others to similarly respect Canon’s intellectual property rights. Canon remains committed to pursuing legal enforcement against those who do not respect Canon’s intellectual property.”

The OEM reported earlier this week that it had added Seine Holland to a lawsuit in the Netherlands pertaining to IP infringement, and had previously begun said case against Aster Technology Holland a couple of weeks ago.

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