The OEM announced the conclusion of its dispute with Inbusco GmbH and its managing director and more removal requests from Amazon in the US and UK.
Canon Inc. and Inbusco GmbH as well as its managing director agreed to resolve their pending patent dispute by signing a settlement agreement.
Inbusco GmbH inter alia accepted a preliminary injunction (docket no. 4a O 5/19) of the District Court Düsseldorf based on the infringement of the German portion of Canon’s European Patent EP 2 087 407 B1 as final and binding between the parties.
Furthermore, Inbusco GmbH has agreed to pay damages for past infringement to Canon.
Further details of the settlement agreement are confidential.
Canon also announced that it filed Report Infringement Forms with Amazon.de, Amazon.co.uk, Amazon.it and Amazon.es based on the alleged use of claims 1 and 2 of the German, UK and Italian portion of Canon’s European Patent EP 1 977 289 (“EP ‘289”) regarding certain models of toner cartridges offered by MAGPIE OFFICE SOLUTIONS LTD under the following ASINs (Amazon Standard Identification Numbers).
Afterwards, Amazon took down the respective products. These products are compatible with the OEM HP cartridge models 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.
In the UK, Canon filed 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 CC530A, CC531A and CB540A offered by Photo Paper Direct Ltd. under the ASINs (Amazon Standard Identification Numbers) B002RDYJGO, B002RDV52U and B002FKLINQ.
Afterwards, Amazon took down the respective products. These products are compatible with the above OEM HP cartridge models CC530A, CC531A, CB540A 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.
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.
