Canon keeps up the IP action successes

July 10, 2020

Canon requested removal of toner cartridges offered by junbsao from Amazon Australia and by Indigo Home & Office Ltd. from Amazon UK. Canon also announced the conclusion of its patent dispute with M & S Vertrieb Service GmbH.

Canon Inc. announced that it filed a Report Infringement Form with Amazon.com.au based on the alleged infringement of claim 28 of Canon’s Australian Patent Number AU2007205464 regarding the cartridge model CE410A, CF380X, CF380A, CF381A, CF382A and CF383A offered by junbsao under ASINs(Amazon Standard Identification Numbers) B07X7ZBPJV and B07VH57VBK.

After receipt of the Report Infringement Form, Amazon took down the respective products. These products are compatible with the OEM HP cartridge models and provide a non-OEM housing and a non-OEM force receiving device according to claim 28 of AU2007205464.

Canon also announced the filing of Report Infringement Forms with Amazon UK based on the alleged use of claims 1 and 2 of the UK portion of Canon’s European Patent EP 1 977 289 (“EP ‘289”) regarding the cartridge models CE410A, CE411A and CE412A offered by Indigo Home & Office Ltd. under the ASINs (Amazon Standard Identification Numbers) B00A6U6OCW, B00A6U6OXQ and B00A6U6P6M.

Afterwards, Amazon took down the respective products. These products are compatible with the above OEM HP cartridge models CE410A, CE411A and CE412A and provide inter alia a non-OEM housing and a non-OEM force receiving device according to claim 1 of EP ‘289. Furthermore, they comprise an elastic portion according to claim 2 of EP ‘289.

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

In Germany, Canon and M & S Vertrieb Service GmbH (legal successor of M & S Vertrieb Service OHG) as well as its managing directors agreed to resolve their pending patent dispute by signing a settlement agreement. M & S Vertrieb Service OHG inter alia made a cease and desist declaration based on the infringement of the German portion of Canon’s European Patent EP 2 087 407 B1.

Furthermore, M & S Vertrieb Service OHG paid damages for past infringements to Canon.

Further details of the settlement agreement are confidential.