Canon Inc. has announced that the District Court Düsseldorf has granted a preliminary injunction against Inbusco GmbH as well as against its managing director; the OEM has also filed a new Report Infringement Form with Amazon.
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 Inbusco GmbH from offering and distributing laser toner cartridges comprising a drum unit with a certain coupling member, via, for example, www.amazon.de and www.ebay.de.
The infringing cartridges can replace the OEM cartridge model HP CF226X, which is 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.
Canon has also 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 regarding the cartridge model “CB540A” offered by Global Trading di Mario Capuano under the ASIN B00OIUVAIE.
Afterwards, Amazon took down the respective product. This product is compatible with the OEM HP cartridge model 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.
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.
