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The latest in Canon’s legal saga

October 17, 2018

Over the course of the past year, the OEM has embarked on a legal onslaught against cases of patent infringement, and this week Canon shows no sign of slowing down, filing a new lawsuit and fresh Amazon reports.

The lawsuit has been filed in the U.S. District Court for the District of Delaware and concerns toner cartridges sold by Do It Wiser LLC, which also does business using the name “Image Toner”. Do It Wiser is accused of infringing Canon’s U.S. Patent Number 9,581,958.

As set forth in the complaint, Canon has revealed that Do It Wiser sells toner cartridges that infringe Canon’s patent for use in various models of HP laser beam printers. Do It Wiser sells the infringing toner cartridges online, including through its websites doitwiser.com and imagetoner.com. Canon is seeking damages and injunctive relief in this case.

Canon has also filed new Report Infringement Forms with the German and Spanish divisions of Amazon, concerning claims 1 and 25 of its European patent EP 2 087 407.

The Spanish form concerns the cartridge model “CF280A” offered by TINVEND S.L. under the ASINs (Amazon Standard Identification Number) B079HVW63P. These products are compatible with the OEM HP cartridge model CF280A and provide a non-OEM coupling member, a non-OEM drum as well as a non-OEM housing.

The German form concerns the cartridge models “CE505A, CE505X, CF280A, CF280X” offered by Nixim Europe Limited (also known as TOP cartridge) under the ASINs (Amazon Standard Identification Numbers) B002VRH5ZI, B00BV9TUH8, B00BV9TV2M, B004WKKJLY. These products are compatible with the OEM HP cartridge model CE505A, CE505X, CF280A, CF280X and provide a non-OEM coupling member, a non-OEM drum as well as a non-OEM housing.

Amazon subsequently removed these products and informed the vendors, who may object to these proceedings.

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