March 25, 2019
The legal countermeasures against patent infringement continue to come from Canon as last week the OEM filed another Report Infringement Form and revealed a new preliminary injunction.
Canon announced the filing of Report Infringement Forms with Amazon.com seeking removal of Amazon.com listings for certain toner cartridges sold by Omage for use in HP laser beam printers.
Canon’s Report Infringement Forms alleged that certain model CE505A and CF226A toner cartridges sold by Omage via Amazon.com infringed Canon’s U.S. Patent Nos. 8,280,278; 8,630,564; 8,682,215; 8,688,008; and 8,676,090.
Canon requested that Amazon remove Omage’s listings for this product, namely, Omage’s listings with Amazon Standard Identification Numbers B002GF11WS, B074WJ9BY1, B074ZQM1VR, B0752VQMJ3, B075314PYY, B0752WFNP7 and B0752W8P3S.
At the time of this announcement, the above-identified Omage listings were no longer available on Amazon.com.
On the same day, Canon also revealed that the District Court Düsseldorf had granted a preliminary injunction against Matthias Böhne, doing business as “B + S EDV-Zubehör” and “pripa.”
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 Matthias Böhne from offering and distributing laser toner cartridges comprising a drum unit with a certain coupling member, via, for example, www.amazon.de and www.pripa.de.
The infringing cartridges can replace the OEM cartridge model HP CE505A which is compatible with HP laser beam printers. Furthermore, the preliminary injunction contains a claim for sequestration so the infringing cartridges have been handed over to a bailiff until the matter is finally solved.
The Defendant has the option to file an objection against the preliminary injunction. However, as service on the Defendant was effected, Canon can enforce this decision.
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