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Canon continues to defend its IP

October 1, 2020

The District Court of Düsseldorf

Canon requests removal of toner cartridges offered by Celia Elena Cunille Salas from Amazon Mexico, toner cartridges offered by Quest4Toner from Amazon Canada and announced the conclusion of its dispute with Lucky Suppliers Handels GmbH.

Canon Inc. announced the filing of an infringement report with Amazon.mx seeking the removal of Amazon.mx listings for certain toner cartridges sold by Celia Elena Cunille Salas for use in HP laser beam printers.

Canon’s infringement report alleged that claim 160 of Mexican Patent Number 308881 was infringed by certain model CF287A and CE255A toner cartridges offered by Celia Elena Cunille Salas under the Amazon Standard Identification Numbers (ASINs) B07WFWJNM6 and B07BR6S6GR.

After receiving Canon’s Report Infringement Form, Amazon removed the respective products, and at the time of this announcement, the above-identified listings of Celia Elena Cunille Salas were no longer available on Amazon.mx.

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

Canon Inc. also announced the filing of an infringement report with Amazon.ca seeking the removal of an Amazon.ca listing for certain toner cartridges sold by Quest4Toner.

Canon’s infringement report alleged that certain model CB540A, CB541A, CB542A and CB543A toner cartridges sold by Quest4Toner via Amazon.ca infringed Canon’s Canadian Patent no. 2,635,791. Canon requested the removal of the corresponding listings for these products, having Amazon Standard Identification Numbers B01NBDVG45, B01N7BR0QI, B01NCDWQLK, B01N1LUT7F and B01MSSN8HX.

At the time of this announcement, the above-identified listings were no longer available on Amazon.ca. Filing an infringement report with Amazon.ca is a service offered by Amazon and does not constitute an official finding of infringement. The decision to take down a product is in the discretion of Amazon and is based on information provided by Canon.

In Germany, Canon and Lucky Suppliers Handels GmbH, doing business as “Lucky Suppliers” and “Koala & Co”, as well as its managing directors, agreed to resolve their pending patent dispute by signing a settlement agreement.

Lucky Suppliers Handels GmbH inter alia accepted a preliminary injunction (docket no. 4a O 88/19) of the District Court Düsseldorf based on the infringement of the German portion of Canon’s European Patent EP 1 977 289 B1 as final and binding between the parties.

The matter at issue concerns the offering and distribution of certain laser toner cartridges including a developing unit moveable relative to the drum unit when receiving force via a force receiving device through www.amazon.de. Furthermore, Lucky Suppliers Handels GmbH and its managing directors have agreed to refrain from making, offering, putting into circulation and/or importing and/or possessing laser toner cartridges that infringe claim 1 and 2 of EP ‘289 in all countries where EP ‘289 is valid and in force. Additionally, Lucky Suppliers Handels GmbH as well as its managing directors have agreed to pay damages for past infringement to Canon.

Further details of the settlement agreement are confidential.

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