The Recycler
  • Ninestar June 2022 Masthead Banner
  • Biuromax Web banner June 2022
  • Katun March Web Advert 2021
  • ECS Web ad March 2022
  • Static Control June 2022 Masthead Ad

Canon: as one case closes, another begins

Canon: as one case closes, another begins

October 3, 2018

The legal train keeps rolling on for Canon as the OEM announces the conclusion of one US patent infringement lawsuit and the filing of another.

The case that has drawn to a close is Canon’s long-standing legal battle against General Plastic Industrial, Co. Ltd and Color Imaging, Inc in the US District Court for the Northern District of Georgia.

As Canon explained, this case focused around the defendants’ sales of toner bottles for use in certain Canon imageRUNNER office multifunction devices.

A jury trial was held in June 2017, which concluded with the jury finding that both of the defendants wilfully infringed Canon’s U.S. Patent No. 7,647,012. After the trial, the Northern District of Georgia court issued orders permanently enjoining the defendants from selling the products found to infringe and enhancing the jury’s damages award due to the defendants’ wilful infringement.

To resolve what remained of the lawsuit, General Plastic agreed to pay Canon an undisclosed amount, and both defendants stipulated to a Consent Judgment and Permanent Injunction from the Northern District of Georgia, prohibiting them from making, using, selling and offering for sale in the United States, and from importing into the United States, the toner bottles that were found to infringe Canon’s patent. Both defendants also agreed not to infringe any patent in the subject patent family.

As this case drew to a close, a new case began for the OEM, with Canon filing a complaint for patent infringement in the US District Court for the District of Delaware against Do It Wiser LLC, which also conducts business under the name Image Toner.

The case is centred around Canon’s U.S. Patent No. 9,581,958 B2. Canon is alleging the infringement of the ‘958 patent by Do It Wiser, saying the defendant has “directly infringed and is directly infringing the ‘958 patent by making, using, selling, and/or offering to sell in the United States and/or importing into the United States toner cartridges embodying the invention defined by one or more claims of the ’958 patent”.

Canon is also accusing Do It Wiser of indirectly infringing the patent “by virtue of its inducement of direct infringement of that patent by customers who use Defendant’s toner cartridges” in a number of HP laser beam printers.

Canon is seeking the preliminary and permanent enjoinment of Do It Wiser “from further acts of infringement” and wishes Do It Wiser to pay damages and all of Canon’s legal costs incurred in the pursuit of this lawsuit.

Canon demands a jury trial in this case, which was filed on 26 September 2018.

 

 

 

 

 

Categories : World Focus

Tags : Canon Color Imaging Do It Wiser GPI Lawsuit Patent infringement USA

  • Aster Big & Bold Web ad May 2022
  • Static Control June 2022 Big & Bold Ad
  • GPI Web ad June 2022
  • Apex UStation web banner
  • IR Italiana Web ad January 2021
  • GM Technology June 2022 Web ad
  • Mito Big & Bold Web ad May 2022
  • Zhono web ad May 2022
  • PCL Web ad January 2021
  • CTS New Ad March 2022
  • CET June 2022 Web ad
  • ITP Web ad January 2021
  • HYB Web banner
  • ITP Web ad January 2021
  • CTS New Ad March 2022
  • PCL Web ad January 2021
  • CET June 2022 Web ad
  • HYB Web banner
  • Zhono web ad May 2022
  • ITP Web ad January 2021
  • CTS New Ad March 2022
  • Zhono web ad May 2022
  • HYB Web banner
  • PCL Web ad January 2021
  • CET June 2022 Web ad

The Recycler, Wittas House, Two Rivers, Station Lane, Witney, OX28 4BH, United Kingdom | Tel: +44 (0) 1993 899800 | Fax : +44 (0) 1993 226899
©2006-2021 The Recycler - Terms & Conditions - Privacy Policy including cookie use

Web design Dorset | Websites by Mark

The Recycler Subscribe Web ad January 2021
The Recycler Subscribe Web ad January 2021