February 7, 2019
Once again, the OEM is wading into the fray on the legal side of things, declaring it has been granted a preliminary injunction as well as filing more Report Infringement Forms with Amazon.
Canon Inc. has announced that the District Court Düsseldorf has granted a preliminary injunction against Nixim Europe Limited, trading as “Top Cartridge,” as well as against its managing directors.
The preliminary injunction is based on the infringement of the German portion of Canon’s European patent EP 2 087 407 relating to a drum unit and a process cartridge. The preliminary injunction, which is not final and can be appealed, enjoins Nixim Europe Limited from offering and distributing laser toner cartridges comprising a drum unit with a certain coupling member via, for example, www.amazon.de.
The infringing cartridges can replace the OEM cartridge models HP CE505A, HP CE505X, HP CF280A and HP CF280X, which are compatible with HP laser beam printers.
Canon has also revealed that it has filed a Report Infringement Form 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 model “CB543A” offered by ARTEMIS GLOBAL, S.L.U. under the ASIN B071W2DPMD.
Afterwards, Amazon took down the respective product, which is compatible with the OEM HP cartridge model and provides a non-OEM housing and a non-OEM force receiving device according to claim 1 of EP ‘289. Furthermore, Canon asserts, they comprise an elastic portion according to claim 2 of EP ‘289.
Finally, Canon announced the filing of a Report Infringement Form with Amazon UK based on the alleged use of claim 1 and 25 of the UK portion of Canon’s European Patent EP 2 087 407 regarding the cartridge model “CF280A” offered by Shenzhen shangren keji youxian gongsi under the ASIN B07FC1178M. Afterwards, Amazon took down the respective product, which is compatible with the OEM HP cartridge model CF280A and provides a non-OEM coupling member, a non-OEM drum as well as a non-OEM housing.
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