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KMP responds to Canon lawsuit outcome

October 26, 2017

German remanufacturer, KMP, has issued a statement in response to the outcome of Canon’s patent infringement lawsuit, filed against them 3 years ago.

Yesterday, The Recycler reported on the ruling of the German Supreme Court against Canon with regards to its 2014 patent infringement suits against both KMP and wta Carsten Weser GmbH.

The case, referred to as the ‘dongle gear’ lawsuit, revolved around EU-Patent 2 087 407 which has also been utilised by Canon in a number of other legal cases, and covers the drum units used in toner cartridges. The infringement suit against KMP and wta covered the manufacturing, offering and selling of certain toner cartridges. In retaliation, the remanufacturers cited patent law exhaustion. 

The subject matter of Canon’s specific complaint against KMP was the remanufacturer’s use of a new image drum and a re-used drive clutch which, according to Canon, infringed its patent.

KMP argued against this on the grounds of permissible repair, with lawyers for the remanufacturer claiming the company had simply used an “acceptable repair measure” and not a “patent-infringing new production.”

KMP emphasizes that “reprocessed products are naturally characterised by KMP as such”.

Superpatronen expressed the view that “the significance of this victory only becomes truly clear when we could consider what could have happened if the supreme court had ruled in favour of Canon” as if that had taken place, “Canon could have used such a ruling in the future to prohibit the recycling of the original cartridges for which they hold the equivalent patents.”



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