The OEM requested the removal of toner cartridges offered by BDBD-TC from Amazon USA, by InkTonerSales from Amazon Australia and by Yulinshihengshanquxingpingriyongbaihuodian via Amazon UK, Germany, Italy and Spain.
Canon Inc. announced the filing of an infringement report with Amazon.com seeking the removal of Amazon.com listings for certain toner cartridges sold by BDBD-TC for use in HP laser beam printers.
Canon’s infringement report alleged that certain model CE310A, CE311A, CE312A and CE313A toner cartridges sold by BDBD-TC via Amazon.com infringed Canon’s U.S. Patent No. 8,688,008. Canon requested that Amazon remove BDBD-TC’s listings for those products, namely, BDBD-TC’s listings with Amazon Standard Identification Numbers (“ASINs”) B08JFT7PZ1, B08JG3BM8J, B08JG6P8RJ, B08JGPTP74, B08JG97Z7T, B08JPXMJF4, B08JPMC8RX, B08G1NLCH6, B08G1L6KMW, B08G1LWM3F, B08G1LVLK2, B08G1KTGCM, B08G1LTK6Q, B08G1J59BW, B08G1M8S4L, B08G1LYLZW and B08G1M7SNY.
At the time of this announcement, the above-identified BDBD-TC listings were no longer available on Amazon.com.
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, Italian and Spanish portions of Canon’s European Patent EP 1 977 289 (“EP ‘289”) regarding certain models of toner cartridges offered by Yulinshihengshanquxingpingriyongbaihuodian 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.
Canon also filed a Report Infringement Form with Amazon Australia based on the alleged infringement of claim 160 of Canon’s Australian Patent Number AU2014208277 regarding the cartridge model CF226A offered by InkTonerSales under the ASIN (Amazon Standard Identification Number) B07W13XZ3L.
After receipt of the Report Infringement Form, Amazon took down the respective product.
This product provides a non-OEM coupling member, a non-OEM drum as well as a non-OEM housing.
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.