The Recycler Issue 317

WORLD FOCUS
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GLOBAL Canon, Legal, Amazon Removals
An eventful February for Canon
The OEM has been in the headlines a great deal during the last few weeks,
mostly for its legal activities as it maintains its virulent campaign against
patent infringement.
During February, this campaign saw the
company obtain a clutch of new
preliminary injunctions, such as the one
granted by the District Court Düsseldorf
against Ines Krämer, doing business as
“Büroartikelhandel DruFax” and
“Faxland.”
Canon was also awarded preliminary
injunctions against Media Range GmbH,
which does business as “MediaRange”,
and its managing directors; against Printklex
GmbH & Co., doing business as
“Print-klex” and “123color,” and its
managing director; against Doree
Supplies B.V., doing business as
“AppleToner,” as well as against its
managing directors; and against Nixim
Europe Limited, trading as “Top
Cartridge,” as well as against its managing
directors.
Over the last few days, as part of USITC
Investigation No. 337-TA-1106, Canon has
also filed a Motion for an Order to show
Cause and Entry of Default, regarding one
of the case’s respondents, Ourway US Inc.
In legal documents viewed by The
Recycler, the investigation’s complainants,
Canon Inc., Canon U.S.A., Inc., and
Canon Virginia, Inc. revealed that, in line
with Ground Rule 3.2., two days prior to
filing this motion they contacted counsel
for the Office of Unfair Import
Investigations and all respondents
involved in the case.
Ninestar and Aster “indicated that they
take no position on this motion” while
Print-Rite “indicated they do not oppose
this motion.”
As a result, Canon says it is moving for
an order “to show cause why respondent
Ourway US Inc. (“Ourway US”) should
not be found in default for failing to
respond to the complaint and the notice of
investigation.”
The OEM is also moving for an initial
determination finding Ourway US in
default “should it fail to show the
requisite cause.”
Thus far, states Canon, Ourway US has
failed to respond to the complaint and the
notice of investigation and has not
“appeared, or otherwise participated in
this investigation.”
“Therefore,” state the legal documents,
“Canon respectfully requests that the
Administrative Law Judge (i) order
Ourway US to show cause why it should
not be found in default and (ii) issue an
initial determination of default for
Ourway US if it fails to show the
requisite cause.”
This motion was filed on 7 February
2019 before the Honourable Dee Lord,
Administrative Law Judge.
However, Canon hasn’t only been
battling patent infringement in the courts;
the company has also been filing further
Report Infringement Forms with Amazon,
targeting sellers such as SOS Promoting di
Anastasio Gianfranco, LD Products Inc.,
ARTEMIS GLOBAL, S.L.U, and Shenzhen
shangren keji youxian gongsi.
In more positive news, the OEM has
announced the conclusion of a patent
infringement dispute with Do It Wiser
LLC, which also does business under the
name “Image Toner,” in the U.S. District
Court for the District of Delaware,
concerning toner cartridges sold for use
in various models of HP laser beam
printers.
In September 2018, Canon sued Do It
Wiser for infringement of Canon’s U.S.
Patent No. 9,581,958 B2 based on Do It
Wiser’s sales of infringing toner
cartridges, including sales made
through its websites doitwiser.com and
imagetoner.com.
To resolve the lawsuit, Do It Wiser
agreed to pay Canon an undisclosed
amount and stipulated to a Consent
Judgment and Permanent Injunction
from the District of Delaware, which
prohibits Do It Wiser from making,
using, selling and offering for sale in the
U.S., and from importing into the U.S.,
the toner cartridges that Canon accused of
infringement.
Finally, in another piece of positive
news, Canon India has revealed that
the OEM has launched its second
PIXMA Zone.
This newly inaugurated concept store is
designed and conceptualised to showcase
the entire range of Canon Inkjet
technology and its features. The PIXMA
Concept stores have been introduced by
Canon India to familiarise consumers
with the range of all inkjet printers,
cartridges and photo media.
The store was inaugurated in the
presence of Mr. C Sukumaran, Director,
Consumer System Products, Canon
India. Backed by what the OEM described
as “exceptional sales support”, the
organisation aims to provide a
personalised demo experience and one
stop shop solution, to address the
printing requirements of all its existing
and potential customers.
In Chennai, Canon India PIXMA Zone
will be located at Oasis India Network Pvt.
Ltd, Mount Road, Anna Salai.
Apart from consumer experience, the
PIXMA Concept stores were designed to
help the retailers understand and provide
them with exclusive products schemes
and offers, keeping pace with the
latest technology. The product display
for home and office use would
include product series such as MG,
MAXIFY, G, TS and E and professional
portable printers.
14 THE RECYCLER • ISSUE 317 • APRIL 2019