February 22, 2019
The OEM has announced the granting of a new preliminary injunction in Germany, and has also filed further Report Infringement Forms, on this occasion with Amazon Italy.
Canon Inc. has revealed that the District Court Düsseldorf granted a preliminary injunction against Print-klex GmbH & Co., doing business as “Print-klex” and “123color,” 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 enjoins Print-klex GmbH & Co. from offering and distributing laser toner cartridges comprising a drum unit with a certain coupling member via, for example, www.amazon.de, www.ebay.de and www.print-klex.de.
The infringing cartridges can replace the OEM cartridge models HP CF226X and HP CF287A, which are compatible with HP laser beam printers. The preliminary injunction contains a claim for sequestration, so the infringing cartridges have been handed over to a bailiff until the matter is finally solved.
Defendants have the option to file an objection against the preliminary injunction. However, as service on Defendants was effected, Canon can enforce this decision.
Canon has also announced the filing of Report Infringement Forms with Amazon.it based on the alleged use of claims 1 and 2 of the Italian portion of Canon’s European Patent EP 1 977 289 (“EP ‘289”) regarding the cartridge models “CB540A” and “CE320A” offered by Punto Rigenera S.R.L. under the ASINs B07D6MD8VL and B079HSYX39.
Afterwards, Amazon took down the respective products, which are compatible with the OEM HP cartridge models and provide a non-OEM housing and a non-OEM force receiving device according to claim 1 of EP ‘289. Furthermore, they comprise an elastic portion according to claim 2 of EP ‘289.
Filing a Report Infringement Form with Amazon is a service offered by Amazon and does not comprise any official finding of validity or infringement of a patent, states Canon. 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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