September 19, 2018
In the most recent update to the OEM’s well-publicised legal battles, Canon is seeking to remove Apex from investigation and has reached a joint discovery stipulation with Supplies Guys.
Earlier this year, Canon embarked on a legal onslaught, filing lawsuits against over 30 companies in the United States, alleging infringement of the OEM’s US patents. Some of these lawsuits have already been resolved, in favour of Canon, and now The Recycler has viewed more court documents which reveal new developments in Canon’s legal proceedings.
In the first set of papers, submitted on 13 September 2018 before the Honourable Dee Lord, Administrative Law Judge, Canon has filed a motion seeking to terminate the investigation of Apex Microtech Ltd.
This motion came about “in light of Apex’s stipulation that it has not engaged in any allegedly unlawful acts”. Canon explained that it had learned that Apex had not been involved in any such activity “since at least 27 August 2017” and stated that the termination of the investigation into Apex was “in the interest of the public and administrative economy”.
In the second set of court papers, filed on 10 September 2018, Canon entered a joint discovery stipulation with Supplies Guys “for the purpose of streamlining the issues to be resolved”.
The stipulation states that since 23 January 2018, Supplies Guys “has sold within the United States after importation” Type G, H, C, E, and B products, which were defined in the Joint Stipulation Regarding Representative Accused Products filed in July this year.
Supplies Guys has stated that, to the best of its knowledge, it “has not imported or sold any Type A, D, F or I products” since August 2017, and “does not import the accused products into the United States”.
Based on the previous stipulations and representations regarding Supplies Guys, Canon says it “agrees that it will not require any further discovery from Supplies Guys” relating solely to importation. The OEM has also revealed that it will not require Supplies Guys to “respond to any discovery seeking Supplies Guys’ contentions regarding its defences.”
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