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Canon lawyers continue to challenge aftermarket

October 2, 2019

Canon filed a new toner cartridge-related patent infringement lawsuit in US and has requested further Amazon removals from Amazon Germany, UK, Italy and Spain.

Canon announced the filing of a complaint in the US District Court for the Central District of California against Globest Trading, Inc., for infringement of Canon’s US Patent Nos. 8,588,646; 7,869,740; 8,165,494; 8,971,760; 9,494,916; 9,857,763; and 10,162,304.

As set forth in the complaint, Canon alleges that Globest Trading sells toner cartridges that infringe Canon’s patent under the name “Ink E-Sale,” for use in various models of Canon and HP laser beam printers. These include laser beam printers that accept Canon toner cartridge models 116, 131 and 131II and HP toner cartridge models 125A, 128A, 131A, 131X, 305A and 305X. Globest Trading sells the infringing toner cartridges online, through at least Amazon.com and its website inkesale.com.

Canon is seeking damages and injunctive relief.

Canon also announced the filing of Report Infringement Forms with Amazon.de, Amazon.co.uk, Amazon.it and Amazon.es based on the alleged use of claims 1 and 2 of the German, UK, Italian and Spanish portions of Canon’s European Patent EP 2087407 (“EP ‘407”) regarding certain models of toner cartridges offered by VENUE DESIGN & CONSULTING SRL-D under the following ASINs (Amazon Standard Identification Numbers):

Afterwards, Amazon took down the respective products. These products are compatible with the OEM HP cartridge model CE505A, CE505X, CF280A and CF280X and provide inter alia a non-OEM coupling member, a non-OEM drum as well as a non-OEM housing.

Furthermore, Canon announced the filing of Report Infringement Forms with Amazon.es based on the alleged use of claims 1 and 2 of the Spanish portion of Canon’s European Patent EP 1 977 289 (“EP ‘289”) regarding the cartridge models CC530A, CC531A, CC532A and CC533A offered by Maria Carmen García Fornet under the ASIN (Amazon Standard Identification Number) B07SZM3YBK. Afterwards, Amazon took down the respective products. These products are compatible with the OEM HP cartridge models and provide inter alia 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. The decision to take down a product is in the discretion of Amazon and is based on information provided by Canon.

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

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