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Canon concludes and starts more legal action

November 21, 2019

Canon concludes its dispute with Craig Maleedy, trading as “cartrite.co.uk” and obtains preliminary injunctions against Office Partner GmbH Druck Quality SL, trading as “Konver”, as well as against their Managing Directors.

Canon and Craig Maleedy, doing business as “cartrite.co.uk,” agreed to resolve their pending patent dispute by signing a settlement agreement. Craig Maleedy inter alia accepted a preliminary injunction (docket no. 4a O 9/19) of the District Court Düsseldorf based on the infringement of the German portion of Canon’s European Patent EP 2 087 407 B1 as final and binding between the parties.

Furthermore, Craig Maleedy has agreed to refrain from making, offering, putting into circulation and/or importing and/or possessing laser toner cartridges comprising a drum unit with a certain coupling member for use in various models of HP and/or Canon laser beam printers in all countries where EP 2 087 407 B1 is valid and in force. Further details of the settlement agreement are confidential.

Canon Inc. also announced that the District Court Düsseldorf granted a preliminary injunction against Office Partner GmbH as well as against its managing directors. The decision has already been served on the Defendants.

The preliminary injunction is based on the infringement of the German portion of Canon’s European patent EP 1 977 289 B1 relating to a process cartridge. The preliminary injunction, which can be appealed, enjoins Office Partner GmbH and its Managing Directors from offering and distributing certain laser toner cartridges, e.g. via www.amazon.de.

The infringing embodiment includes a developing unit moveable relative to the drum unit when receiving force via a force receiving device. The cartridges at issue can replace the OEM cartridge models HP CC530A, HP CC531A, HP CC532A, HP CC533A, HP CE410X, HP CE411A, HP CE412A and HP CE413A which are compatible with HP laser beam printers.

Furthermore, as the preliminary injunction contains a claim for sequestration, the infringing cartridges must be handed over to a bailiff until the matter is finally solved.

Also announced was that the District Court Düsseldorf granted Canon a preliminary injunction against Druck Quality SL, trading as “Konver”, as well as against its Managing Director.

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, which is not final and can be appealed, enjoins Druck Quality SL from offering and distributing laser toner cartridges comprising a drum unit with a certain coupling member, e.g. via www.amazon.de. The infringing cartridges can replace the OEM cartridge models HP CE505A and HP CF280A, which are compatible with Hewlett-Packard (HP) laser beam printers.

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