March 22, 2019
Legal documents filed on 20 March 2019 and viewed by The Recycler reveal that Canon is bringing an action for patent infringement against California-based LD Products and demanding a jury trial.
As the documents explain, this patent infringement case, filed with the United States District Court for the Central District of California, is being brought by Canon in accordance with the patent laws of the United States, Title 35 of the United States Code.
The case revolves around Canon’s U.S. Patent No. 8,588,646 B2 (the ’646 patent) titled “Process Cartridge and Image Forming Apparatus”. This patent “describes and claims, among other things, a process cartridge for use with an electrophotographic image forming apparatus, such as a laser beam printer. For example, the process cartridge described in claim 83 of the ’646 patent includes a photosensitive drum, a developing roller contactable to the photosensitive drum, a frame supporting the photosensitive drum and the developing roller, and a spacing force receiving portion movable between a first position and a second, retracted position. When taking the first position, the spacing force receiving portion is capable of receiving a spacing force to space the developing roller from the photosensitive drum.”
Canon goes on to allege that LD Products “is engaged in the business of manufacturing, importing, selling, and/or offering to sell replacement toner cartridges […] for printers” and that “non-limiting examples of Accused Products sold by Defendant” infringe Canon’s ’646 patent.
It is also alleged that LD Products sells these infringing cartridges “through its “LD Products” storefront on Amazon.com and its website ldproducts.com.”
The legal documents go on to say that the defendant “has directly infringed and is directly infringing the ’646 patent by making, using, selling, and/or offering to sell in the United States and/or importing into the United States toner cartridges embodying the invention defined by one or more claims” of the patent.
Canon is also accusing LD Products of indirectly infringing the patent through “virtue of its inducement of direct infringement of that patent by customers” who purchase the accused products.
Canon declares the defendant’s actions to be “damaging” and says they will “continue to cause irreparable injury and damage […] for which there is no adequate remedy at law.” The documents say Canon is “therefore entitled to preliminary and permanent injunctions restraining and enjoining Defendant from infringing the claims” of the patent.
Canon is seeking damages “adequate to compensate” the company for the alleged infringement, as well as payment of its legal costs and “such other and additional relief as the Court deems equitable, just, and proper.”
A jury trial is demanded in this case.
Categories : World Focus