January 15, 2019
A new year has dawned, but the OEM is showing no signs of slowing down the vociferous anti-patent infringement campaign it kickstarted in 2018.
This week, Canon has announced the filing of three new infringement reports with different divisions of Amazon and has also broken the news that it has gained a new preliminary injunction.
As the OEM explained, the District Court Düsseldorf has granted Canon a preliminary injunction against 5-Sterne Handel UG (limited liability), doing business as “Starlet24,” as well as against its managing director.
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 enjoins 5-Sterne Handel UG (limited liability) from offering and distributing laser toner cartridges comprising a drum unit with a certain coupling member, via www.amazon.de and www.starlet24.de for example. The infringing cartridges can replace the OEM cartridge models HP CE505X, HP CE505A, HP CF280X and HP CF280A, which are compatible with HP laser beam printers. Furthermore, the preliminary injunction contains a claim for sequestration, so the infringing cartridges have been 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.
This week, the OEM has also revealed the filing of an infringement report with Amazon.com seeking removal of Amazon.com listings for certain toner cartridges sold by Express for use in HP laser beam printers.
Canon’s infringement report alleged that certain model CE255A toner cartridges sold by Express via Amazon.com infringed Canon’s U.S. Patent Nos. 8,280,278; 8,630,564; 8,682,215; 8,688,008; and 8,676,090. Canon requested that Amazon remove Express’s listings for those products, namely, Express’s listings with Amazon Standard Identification Number (“ASIN”) B01MG1SZVV.
At the time of this announcement, the above-identified Express listings were no longer available on Amazon.com.
Canon also filed a Report Infringement Form with Amazon Italy based on the alleged use of claim 1 and 25 of the Italian portion of Canon’s European Patent EP 2 087 407 regarding the cartridge model “CF280A” offered by ilcompatibile di massimiliano Abbagnara under the ASIN (Amazon Standard Identification Number) B00L48CTJW. Afterwards, Amazon took down the respective products. These products are compatible with the OEM HP cartridge model CF280A and comprise a non-OEM coupling member, a non-OEM drum as well as a non-OEM housing.
Finally, Canon announced the filing of a Report Infringement Form 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 “CF280X” offered by Solar Electronics Ltd under the ASIN (Amazon Standard Identification Number) B01HEXP8HK. Amazon took down the respective product, which is compatible with the OEM HP cartridge model CF280X and consists of a non-OEM coupling member, a non-OEM drum as well as a non-OEM housing.
As Canon explains, filing a Report Infringement Form with Amazon is a service offered by Amazon and does not 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 vendor about the takedown request and the vendor may object to it, Canon concludes.
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