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New injunction and more Amazon removals

May 23, 2019

The District Court of Düsseldorf

Canon reported filing more Report Infringement Forms with Amazon.it and Amazon.co.uk as well as obtaining another preliminary injunction from the District Court Düsseldorf.

The OEM announced the filing of a Report Infringement Form with Amazon.it based on the alleged use of claims 1 and 2 of the Italian portion of Canon’s European Patent EP 1 977 289 (“EP ‘289”) regarding the cartridge model “CF210A” offered by Keser, Ibrahim under the ASIN (Amazon Standard Identification Number) B00IAR6TC8.

Afterwards, Amazon took down the respective product. This product is compatible with the OEM HP cartridge model CF210A and provides inter alia a non-OEM housing and a non-OEM force receiving device according to claim 1 of EP ‘289. Furthermore, it comprises an elastic portion according to claim 2 of EP ‘289.

The second announced filing was with Amazon.co.uk based on the alleged use of claims 1 and 25 of the UK portion of Canon’s European Patent EP 2 087 407 regarding the cartridge models “CE505A” and “CE255X” offered by VENUE DESIGN & CONSULTING SRL-D under the ASINs (Amazon Standard Identification Numbers) B07FGXNKRN and B07F87Q2G8.

Afterwards, Amazon took down the respective products. These products are compatible with the OEM HP cartridge models CE505A and CE255X and provide inter alia a non-OEM coupling member, a non-OEM drum as well as a non-OEM housing.

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 vendors about the takedown and the vendors may object to it.

Canon also announced that the District Court Düsseldorf granted a preliminary injunction against Eurobyte Asesores Informaticos SL, doing business as “GreenPrinter,” 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 Eurobyte Asesores Informaticos SL from offering and distributing laser toner cartridges comprising a drum unit with a certain coupling member, via, for example, www.amazon.de and www.eurobyteasesores.com.

The infringing cartridges can replace the OEM cartridge model HP CF280X, which is compatible with HP laser beam printers.

Defendants have the option to file an objection against the preliminary injunction. However, as service on Defendants was effected, Canon can enforce this decision.

These removals and injunction follows last week’s announcement of more Amazon takedowns on Amazon.it, Amazon.de and Amazon.co.uk.

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