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Canon keeps up the pressure in Italy

June 4, 2019

The OEM requests more removal of toner cartridges offered on Amazon.it and announces it has obtained a precautionary order against Idem Rebuilding di Carbonara Giuseppe, trading as “Universocartuccia” at the court in Milan.

Canon Inc. 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”, “CF280A”, “CE505X”, “CF280X”offered by GIOVANNI SHOP DI SIMON VIKTORIA under the ASINs (Amazon Standard Identification Number) B06XXNL8DN, B06XXM9G9Q and B06XX5V3SY. Afterwards, Amazon took down the respective products. These products are compatible with the OEM HP cartridge model CE505A, CF280A, CE505X, CF280X and provide inter alia a non-OEM coupling member, a non-OEM drum as well as a non-OEM housing.

The second filing was 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 “CF280A”, “CE255A”offered by VENUE DESIGN & CONSULTING SRL-D under the ASINs (Amazon Standard Identification Number) B07F86829W and B07DY8VH6V. Afterwards, Amazon took down the respective products. These products are compatible with the OEM HP cartridge model CF280A, CE255A and provide inter alia a non-OEM coupling member, a non-OEM drum as well as a non-OEM housing.

Canon also 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 “CF280X” offered by Game electronic virz di bruno campassi under the ASIN (Amazon Standard Identification Number) B00BV9TV2M. Afterwards, Amazon took down the respective products. These products are compatible with the OEM HP cartridge model CF280X and provide inter alia 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 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 vendors about the takedown request and the vendors may object to it.

Canon also went to the Court of Milan, which granted a precautionary order including preliminary injunction, seizure and penalty against Idem Rebuilding di Carbonara Giuseppe, trading as “Universocartuccia.”

The order is based on the alleged infringement of the Italian portion of Canon’s European patent EP 2 087 407 relating to a drum unit and a process cartridge. Among others, the order, which is not final and can be appealed, enjoins Idem Rebuilding di Carbonara Giuseppe from offering and distributing—including via such websites as www.amazon.it—its laser toner cartridges comprising a drum unit with a certain coupling member, named “HP CF280A” and “HP CE505A.” These alleged infringing cartridges can replace the OEM cartridge models HP CE505A and HP CF280X, which are compatible with HP laser beam printers, as well as the OEM cartridge model Canon 719.

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