December 29, 2014
The global settlement between Aster and Canon was reached in the U.S. District Court for the Southern District of New York, the District Court The Hague in the Netherlands, and the Paris First Instance Court regarding Aster’s alleged infringement of Canon’s patents; with the OEM first filing the patent infringement suit against Aster Technology Holland B.V. in the Netherlands in April.
The case related to Canon’s European patent number 2 087 407, referring to the “importation, offer and sale of certain toner cartridges for use in various models of Hewlett-Packard laser beam printers” and the OEM seeking “injunctive relief and damages” against the company.
Aster has also announced that it and Canon have agreed on a stipulation to resolve their pending dispute in the USITC investigation, which involved Canon filing a complaint to the USITC against 33 manufacturers, distributors, and retailers of “toner cartridges that infringe Canon’s US patents” earlier this year.
The Recycler reported in September that Aster Graphics Co., Ltd. was among a group of defendants in the case that questioned the USITC’s decision to find eight companies in default as five of the companies had already settled; with the defendants arguing that “in seeking the entry of defaults against the settling respondents in the ITC, Canon seeks to paint a false picture of irresponsible, unresponsive infringers”, with the prior consent judgements the five agreed to “render[ing] any remedial action by the Commission unnecessary”, creating a “misleading impression of widespread, unchecked infringement that should play no role in further proceedings”.
However, Aster stated that its two recent agreements with Canon “are to the best benefit for the company and its customers”, adding that “Aster and its customers don’t have to bear any legal liability for the sold products in the past” and “the signing of the agreements does not constitute an admission of liability or infringement by Aster”.
The company added: “Aster always respects other parties’ intellectual properties and has been investing heavily into its own innovation and technology. Aster has been awarded plenty of patents worldwide, and will continue supplying its customers with its IP-compliant products to benefit and protect its customers”.
Categories : World Focus