The District Court of Düsseldorf
The OEM announced it has obtained a preliminary injunction against Lucky Suppliers Handels GmbH and its Managing Directors and filed removal requests with Amazon for toner cartridges offered by HEHAIRIYONGPIN and CRBH-UC.
Canon announced that the District Court Düsseldorf granted a preliminary injunction against Lucky Suppliers Handels GmbH, trading as “Lucky Suppliers”, as well as against its managing directors. Lucky Suppliers Handels GmbH and its managing directors accepted the preliminary injunction as final and binding by signing a final declaration (“Abschlusserklärung”).
The preliminary injunction is based on the infringement of the German portion of Canon’s European patent EP 1 977 289 B1 relating to a process cartridge and enjoins Lucky Suppliers Handels GmbH from offering and distributing certain laser toner cartridges, e. g. via www.amazon.de.
The infringing embodiment includes a developing unit moveable relative to the drum unit when receiving force via a force receiving device. The cartridges at issue can replace the OEM cartridge models HP CC530A, HP CC531A, HP CC532A, HP CC533A, HP CE410X, HP CE411A, HP CE412A, HP CE413A, HP CF380X, HP CF381A, HP CF382A and HP CF383A which are compatible with HP laser beam printers.
Furthermore, as the preliminary injunction contains a claim for sequestration, the infringing cartridges must be handed over to a bailiff until the matter is finally solved.
Also announced was the filing of an infringement report with Amazon.com seeking removal of Amazon.com listings for certain toner cartridges sold by HEHAIRIYONGPIN for use in HP laser beam printers.
Canon’s infringement report alleged that certain model CF258A toner cartridges sold by HEHAIRIYONGPIN via Amazon.com infringed Canon’s U.S. Patent Nos. 8,280,278; 8,630,564; 8,682,215; and 8,688,008. Canon requested that Amazon remove HEHAIRIYONGPIN’s listings for those products, namely, HEHAIRIYONGPIN’s listings with Amazon Standard Identification Number (“ASIN”) B07VTP6KK3.
Canon also filed an infringement report with Amazon.com seeking removal of Amazon.com listings for certain toner cartridges sold by CRBH-UC for use in HP laser beam printers.
Canon’s infringement report alleged that certain model CF258A toner cartridges sold by CRBH-UC via Amazon.com infringed Canon’s U.S. Patent Nos. 8,280,278; 8,630,564; 8,682,215; and 8,688,008. Canon requested that Amazon remove CRBH-UC’s listings for those products, namely, CRBH-UC’s listings with Amazon Standard Identification Number (“ASIN”) B07WK9J3BL.
At the time of this announcement, the above-identified HEHAIRIYONGPIN and CRBH-UC listing was no longer available on Amazon.com.
