January 4, 2018
The OEM has brought a complaint against Kostland Inc., alleging patent infringement, with a jury trial demanded.
The Recycler has viewed court papers revealing that Canon Inc. is bringing an action for patent infringement against Kostland Inc., alleging that the Californian-based company “ships, distributes, makes, uses, offers for sale, and/or sells toner cartridges accused of infringement in this action, including under the name “4Benefit,” at one or more of the aforementioned locations.”
The legal documents go on to say, “This is an action for patent infringement arising under the patent laws of the United States, Title 35 of the United States Code, including 35 U.S.C. §§ 271, 281, 283, 284, and 11 285.”
In addition, the papers reveal:
“On February 28, 2017, U.S. Patent No. 9,581,958 B2 (the “’958 patent”), titled “Process Cartridge and Image Forming Apparatus,” duly and legally issued to Canon as assignee of the inventors, Kazuo Chadani, Tomonori Mori, and Koji Hashimoto. A true and correct copy of the ’958 patent is attached as Exhibit A. Canon is the sole owner of the entire right, title, and interest in and to the ’958 patent, including the right to sue and recover for any and all infringements thereof.”
Canon’s ‘958 patent relates to a “process cartridge for use with an electrophotographic image forming apparatus, such as a laser beam printer. Generally speaking, the process cartridge includes a first frame that supports a photosensitive drum and a second frame that supports a developing roller, which frames are connected so as to be movable relative to one another. The process cartridge also includes a coupling member for receiving a drive force from the electrophotographic image forming apparatus in order to rotate the developing roller. The coupling member includes a drive force receiving portion, which can move relative to the developing roller while maintaining engagement with the electrophotographic image forming apparatus. The ability of the drive force receiving portion to move relative to the developing roller while maintaining engagement with the electrophotographic image forming apparatus provides various benefits, including improved image quality.”
Canon has accused Kostland Inc. of manufacturing, importing, selling and/or offering to sell replacement toner cartridges for printers, among them toner cartridges “for use in certain HP colour laser beam printers”.
Canon is seeking “judgement and relief”, including the judgement that Kostland Inc. has infringed the patent, and that the company and its subsidiaries and affiliates etc. be “permanently enjoined from further acts of infringement”.
Canon also wishes Kostland to pay damages “adequate” to compensate the OEM for the infringement of its patent, and asks that Kostland should pay for Canon’s costs associated with the court action. The OEM also seeks “such other and additional relief as the Court deems just and proper.”
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