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Canon files another US lawsuit

May 9, 2019

On 7 May Canon filed its latest lawsuit in the US District Court for the Central District of California alleging V4Ink, Inc. of patent infringement.

V4Ink, Inc. was also one of the companies accused of patent infringement when Canon filed its big onslaught of cases last year. At the time V4Ink, Inc. was one of the parties accused of infringement of seven of Canon’s patents. The patents in question were 9,746,826 patent (‘the ‘826 patent’); the 9,836,021 patent (‘the ‘021 patent’); the 9,841,727 patent (‘the ‘727 patent’); the 9,841,728 patent (‘the ‘728 patent’); the 9,857,765 patent (‘the ‘765 patent’); the 9,869,960 patent (‘the ‘960 patent’); and the 9,874,846 patent (‘the ‘846 patent’).

In June 2018 V4Ink, Inc. announced its intention to default, and therefore “that it intends to raise no further defences” in the investigation.

On 7 May 2019 Canon filed a new complaint accusing V4Ink, Inc. for infringement of Canon’s U.S. Patent No. 8,588,646 (‘the ‘646 patent’); 7,869,740 (‘the ‘740 patent’); 8,165,494 (‘the ‘494 patent’); 8,971,760 (‘the ‘760 patent’); 9,494,916 (‘the ‘916 patent’); 9,857,763 (‘the ‘763 patent’); and 10,162,304 (‘the ‘304 patent’).

Canon alleges that V4Ink, Inc. “is engaged in the business of manufacturing, importing, selling, and/or offering to sell toner cartridges (hereafter, “Accused Products”) for printers, including toner cartridges for use in certain Canon and HP Colour laser beam printers…”.

In a press release from the OEM, the company explains: “As set forth in the complaint, V4INK sells toner cartridges that infringe Canon’s patents for use in various models of Canon and HP laser beam printers. These include laser beam printers which accept Canon toner cartridge models 116, 131, and 131II and HP toner cartridge models 125A, 128A, 131A, and 305A. V4INK sells the infringing toner cartridges online, including through its website, v4ink.com.”

Canon details that “Defendant’s acts complained of herein are damaging and will continue to cause irreparable injury and damage to Canon for which there is no adequate remedy at law.” The OEM is therefore asking for a preliminary and permanent injunction restraining V4Ink, Inc. from infringing.

Canon is also looking for the court to order V4Ink, Inc. “to pay damages adequate to compensate Canon for Defendant’s infringement…” as well as all legal fees and costs incurred by Canon.

Canon states: “Throughout the development, sales and marketing process, Canon respects the intellectual property of other companies and individuals and expects others to similarly respect Canon’s intellectual property rights. Canon remains committed to pursuing legal enforcement against those who do not respect Canon’s intellectual property.”

The OEM is demanding jury trial.

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