November 8, 2019
Canon requests removals of toner cartridges offered by xianshi yanliangqu canqiubaihuodianshanghang and Eurotone e.K. via Amazon and obtains injunction.
Canon announced that it filed 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 Germany, UK, Italian and Spanish portions of Canon’s European Patent EP 1 977 289 (“EP ‘289”) regarding certain models of toner cartridges offered by xianshi yanliangqu canqiubaihuodianshanghang under the following ASINs (Amazon Standard Identification Numbers) (see Table 1).
Also announced was the filing of Report Infringement Forms with Amazon.de, Amazon.co.uk and Amazon.it based on the alleged use of claims 1 and 2 of the Germany, UK and Italian portions of Canon’s European Patent EP 1 977 289 (“EP ‘289”) regarding certain models of toner cartridges offered by Eurotone e.K. under the following ASINs (Amazon Standard Identification Numbers) (See Table 2).
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 doesn’t 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 and the vendors may object to it.
In Duesseldorf, Canon took further action. The OEM announced that the District Court Düsseldorf granted a preliminary injunction against HST Handels GmbH as well as against its managing director.
The decision has already been served on the Defendants. The preliminary injunction is based on the infringement of the German portion of Canon’s European patent EP 1 977 289 B1 relating to a process cartridge.
The preliminary injunction, which can be appealed, enjoins HST Handels GmbH and its managing director from offering and distributing certain laser toner cartridges, e. g. via www.amazon.de, www.tonerkombinat.de and www.ink24.de.
The infringing embodiment includes a developing unit moveable relative to the drum unit when receiving force via a force receiving device. The cartridges at issue can replace the OEM cartridge models HP CC530A, HP CC531A, HP CC532A, HP CC533A, HP CE410A, HP CE411A, HP CE412A, HP CE413A, HP CF380A, HP CF381A, HP CF382A, HP CF383A, HP CE320A, HP CE321A, HP CE322A, HP CE323A, HP CB540A, HP CB541A, HP CB542A, HP CB543A, HP CF210X, HP CF211A, HP CF212A and HP CF213A which are compatible with HP laser beam printers. Furthermore, as the preliminary injunction contains a claim for sequestration, the infringing cartridges must be handed over to a bailiff until the matter is finally solved.
Defendants have the option to file an objection against the preliminary injunction. However, as service on Defendants was effected, Canon can enforce this decision.
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