September 22, 2022
Canon requested the removal of toner cartridges from Amazon.com, including cartridges sold by Jaylantechshop as Uniwork brand and announces GEOs.
Canon Inc. announced the filing of infringement reports with Amazon.com seeking the removal of Amazon.com listings for certain toner cartridges.
Canon’s infringement reports identified the product offerings shown in the table below and alleged that cartridges sold under these offerings infringe Canon’s U.S. Pat. No. 11,169,483. Canon requested that Amazon remove theses product offerings from Amazon.com.
Canon Inc. also announced the issuance of two General Exclusion Orders (“GEOs”) by the U.S. International Trade Commission (“ITC”) in Investigation Nos. 337-TA-1259 and 337-TA-1260, pertaining to toner bottles sold for use in Canon copy machines.
The GEOs prohibit importing into the U.S. toner supply containers and components thereof that infringe certain specified claims of Canon’s U.S. Patent Nos. 8,565,649, 9,354,551, 9,753,402, 10,209,667, 10,289,060, 10,289,061, 10,295,957, 10,488,814, 10,496,032, 10,496,033, 10,514,654, 10,520,881, and 10,520,882 for the lives of those patents, regardless of the source of the products.
The ITC also issued cease and desist orders against many of the respondents named in the investigations, prohibiting the sale of infringing toner supply containers and components thereof that have already been imported into the U.S.
In its opinions accompanying the GEOs, the ITC determined that GEOs are necessary both to prevent circumvention of an exclusion order limited to products of named persons, and because there is a pattern of infringing conduct and it is difficult to identify the source of the infringing products.
Canon filed the complaint that led to the subject investigations on 8 March 2021, naming 26 respondents, including manufacturers, importers, and distributors of toner supply containers. Earlier this year, the Administrative Law Judge presiding over the investigations determined that Canon had proven violations of its patent rights, and the ITC adopted those findings and issued the GEO and cease and desist orders in the 1260 investigation on 20 July 2022, and in the 1259 investigation on 1 August 2022.
Canon said: “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.”
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