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Canon concludes lawsuit and requests new removal

April 4, 2019

The OEM has announced the conclusion of another patent infringement case and has also requested a new cartridge removal from Amazon.

Canon has announced the conclusion of a patent infringement lawsuit against FTrade Inc., which does business under the name ValueToner, in the U.S. District Court for the Eastern District of New York, concerning certain toner cartridges sold for use in Canon and HP laser beam printers.

To resolve the lawsuit, FTrade stipulated to a Consent Judgment and Permanent Injunction from the Eastern District of New York, which prohibits FTrade from making, using, selling and offering for sale in the U.S., and from importing into the U.S., the toner cartridges that Canon accused of infringing U.S. Patent Nos. 9,746,826, 9,836,021, 9,841,727, 9,841,728, 9,857,765, 9,869,960 and 9,874,846.

In addition, Canon has announced the filing of a Report Infringement Form with Amazon Italy based on the alleged use of claim 1 and 25 of the Italian portion of Canon’s European Patent EP 2 087 407 regarding the cartridge model “CE505A” offered by YOFFICE SRL under the ASIN B01DWFGF08. Afterwards, Amazon took down the respective product. This product is compatible with the OEM HP cartridge model CE505A and comprises a non-OEM coupling member, a non-OEM drum as well as a non-OEM housing.

Filing a Report Infringement Form with Amazon is a service offered by Amazon, explains Canon, and does not comprise any official finding of validity or infringement of a patent. The decision to take down a product is in the discretion of Amazon and is based on information provided by Canon.

Amazon informed the vendor about the takedown and the vendor may object to it.

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