May 30, 2019
Canon Inc. and Alphaink S.r.l. as well as its managing director agreed to resolve their pending patent dispute by signing a settlement agreement. Alphaink S.r.l. inter alia accepted a preliminary injunction of the District Court Düsseldorf based on the alleged infringement of the German portion of Canon’s European Patent EP 2 087 407 B1 as final and binding between the parties.
With respect to the Italian portion of EP 2 087 407 B1 Alphaink S.r.l. has voluntarily agreed to refrain from detaining, making, importing, promoting and commercialising laser toner cartridges comprising a drum unit with a certain coupling member for use in various models of HP and/or Canon laser beam printers in Italy.
With respect to the UK portion of EP 2 087 407 B1, Alphaink S.r.l. has voluntarily agreed to refrain from making, offering, putting into circulation and/or importing and/or owning the laser toner cartridges in the UK.
Furthermore, Alphaink S.r.l. has agreed to pay damages for past infringements to Canon. Further details of the settlement agreement are confidential.
The OEM announced the filing of Report Infringement Forms with Amazon.co.uk based on the alleged use of claim 1 and 25 of the U.K. portion of Canon’s European Patent EP 2 087 407 regarding the cartridge model ” CE505A” offered by WWW.TONERANDINKS.CO.UK LIMITED under the ASIN (Amazon Standard Identification Number) B00PS41NAE and offered by SIA ‘Solution’ under the ASIN (Amazon Standard Identification Number) B012AGRDT. Afterwards, Amazon took down the respective product. This product is compatible with the OEM HP cartridge model CE505A and provides inter alia a non-OEM coupling member, a non-OEM drum as well as a non-OEM housing.
Canon also announced the filing of an infringement report with Amazon.ca seeking removal of an Amazon.ca listing for certain toner cartridges sold by Inkfirst.
Canon’s infringement report alleged that certain model CB540A toner cartridges sold by Inkfirst via Amazon.ca infringed Canon’s Canadian Patent no. 2,635,791. Canon requested that Amazon remove the corresponding listing for this product, offered under the ASIN (Amazon Standard Identification Number) B00866FB7M.
At the time of this announcement, the above identified listing was no longer available on Amazon.ca.
Filing an infringement report with Amazon is a service offered by Amazon and does not constitute an official finding of infringement. 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 remains committed to pursuing legal enforcement against those who do not respect Canon’s intellectual property.
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