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Canon achieves default judgements in UK case

Canon achieves default judgements in UK case

February 18, 2015

The Royal Courts of Justice, where the UK High Court is based

The Royal Courts of Justice, where the UK High Court is based

The OEM has succeeded in obtaining default judgements against European Cartridge Warehouse Limited (ECW) and Printer Supplies Technology Limited (PST) in the UK.

In a press release, the OEM stated that the High Court of Justice of England and Wales “entered default judgement” as of 22 January this year against ECW and PST, with the end result being that the court has “granted remedies including an injunction forbidding ECW and PST from selling the toner cartridges which were the subject of the legal proceedings”, as well as ordering both to “deliver up or destroy any of the said cartridges in their possession, custody and control”.

The two companies, run by Peter Lui and based in Warrington, England, were named in Canon’s patent infringement action announced in July last year, with the OEM claiming both companies infringed its European patent (UK) number 2 087 407 by importing and selling “certain toner cartridges for use in various models of Hewlett-Packard laser beam printers”.

The case related to the same patent mentioned in cases begun against companies across Europe throughout 2014: including Seine and Aster in the Netherlands; KMP and wta as well as tintenalarm.de in Germany; and Zephyr SAS and Aster in France.

The case was set to take place in the High Court of Justice of England and Wales, and in August 2014 the two companies filed for dissolution with the UK’s Companies House company registration office, using a ‘Striking off application’. In the text of a ‘Striking off application’, Companies House notes a business using the form “has applied to the Registrar to be struck off the Register and dissolved”, with all “remaining assets” of any company that is dissolved “passed to the Crown”.

Both applications were received, but both companies then received a ‘Striking off action suspended’ notice in October 2014, which states: “Action pursuant to Section 1003 of the Companies Act 2006 for the striking off and dissolution of the above company has been suspended as an objection has been received by the Registrar.”

Canon concluded its announcement with its usual statement on IP: “Throughout the development, sales and marketing process, Canon respects the intellectual property rights of other companies and individuals and expects others to do the same. Canon remains committed to taking legal action against anyone who does not respect Canon’s intellectual property rights.”

Categories : World Focus

Tags : Canon IP UK

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