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The Recycler Issue 333

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WORLD FOCUS<br />

GLOBAL Amazon Removals, Canon, IP, Counterfeits<br />

Canon gets back to work with<br />

more Amazon removal requests<br />

As offices reopen and work from home becomes travel to work, Canon starts back to work<br />

with more Amazon takedown requests and a win in the District Court Düsseldorf.<br />

Canon Inc. announced the filing<br />

of Report Infringement Forms with<br />

Amazon ES (Spain) based on the alleged<br />

use of claims 1 and 2 of the Spanish<br />

portion of Canon's European Patent<br />

EP 1 977 289 ("EP '289") regarding the<br />

cartridge models CE410X, CE411A,<br />

CE412A, CE413A, CF380X, CF381A,<br />

CF382A and CF383A offered by Maria<br />

Carmen García Fornet under the ASINs<br />

(Amazon Standard Identification<br />

Numbers) B07T1PGVHZ and<br />

B07SZLZMB1.<br />

Canon also announced the filing<br />

of Report Infringement Forms with<br />

Amazon.de based on the alleged use of<br />

claims 1 and 2 of the German portion<br />

of Canon's European Patent EP 1 977<br />

289 ("EP '289") regarding the cartridge<br />

models CC530A, CC531A, CC532A,<br />

CC533A, CE320A, CE321A, CE322A<br />

and CE323A offered by HST Handels<br />

GmbH under the ASINs (Amazon<br />

Standard Identification Numbers)<br />

B005W6TLTI and B00BHZPYSK.<br />

Amazon also took down the respective<br />

products. <strong>The</strong>se products are compatible<br />

with the OEM HP cartridge models<br />

CC530A, CC531A, CC532A, CC533A,<br />

CE320A, CE321A, CE322A, CE323A<br />

and provide inter alia a non-OEM<br />

housing and a non-OEM force receiving<br />

device according to claim 1 of EP '289.<br />

Furthermore, they comprise an elastic<br />

portion according to claim 2 of EP '289.<br />

Also active in Turkey again, the<br />

company announced the filing of<br />

a Report Infringement Form with<br />

Amazon.com.tr based on the alleged use<br />

of claims 1 and 25 of the Turkish portion<br />

of Canon's European Patent EP 2 087 407<br />

regarding the cartridge model CF226X<br />

offered by MS BİLGİSAYAR LİMİTED<br />

ŞİRKETİ under the ASIN (Amazon<br />

Standard Identification Number)<br />

B01NB0ZEKP.<br />

Also announced was the filing of an<br />

infringement report with Amazon.com<br />

seeking the removal of Amazon.com<br />

listings for certain toner cartridges sold by<br />

JSL GO for use in HP laser beam printers.<br />

In the UK, Canon filed Infringement<br />

Report Forms based on the alleged use<br />

of claims 1 and 2 of the UK portion of<br />

Canon's European Patent EP 1 977 289<br />

("EP '289") regarding the cartridge models<br />

CF210A, CF211A, CF212A, CF213A,<br />

CB540A, CB541A, CB542A and<br />

CB543A offered by Yulinshihengshanqu<br />

xingpingriyongbaihuodian<br />

Canon also requested the removal of<br />

toner cartridges offered by Northern<br />

Supplierr from Amazon Australia,<br />

by Qwen and LEDES from Amazon.<br />

com and Yulinshi hengshanquxingpin<br />

griyongbaihuodian from Amazon.co.uk.<br />

Furthermore, Amazon received further<br />

removal requests by Canon for cartridges<br />

offered by NewYorkToner, ARDİYE<br />

BİLGİ TEKNO LOJİL ERİ ELEK<br />

TİC LTD ŞTİ and Best Ink & Toner –<br />

Canada.<br />

Successful also in Duesseldorf, Canon<br />

announced that the District Court<br />

Düsseldorf issued a judgement of<br />

acceptance (docket no. 4a O 35/19) in the<br />

patent infringement proceedings against<br />

the Dutch-based company Doree Supplies<br />

B. V., doing business as "Appletoner," and<br />

its managing director after Defendants<br />

acknowledged all claims asserted by<br />

Canon.<br />

<strong>The</strong> decision is based on infringement of<br />

the German portion of Canon's European<br />

Patent EP 1 977 289 B1 (in the following:<br />

"EP '289") and concerns the offering<br />

and distribution of certain laser toner<br />

cartridges including a developing unit<br />

moveable relative to the drum unit when<br />

receiving force via a force receiving device<br />

through, inter alia, www.amazon.de.<br />

According to the decision, Doree<br />

Supplies B. V. as well as its managing<br />

director are, inter alia, enjoined from<br />

offering for sale and distributing certain<br />

laser toner cartridges that make use of EP<br />

'289 and, furthermore, paid damages to<br />

Canon Inc.<br />

<strong>The</strong> cartridges at issue can replace the<br />

OEM cartridge models HP CC530A, HP<br />

CC531A, HP CC532A, HP CC533A,<br />

HP CB540A, HP CB541A, HP CB542A<br />

and HP CB543A which are compatible<br />

with HP laser beam printers. ■<br />

20 <strong>Issue</strong> <strong>333</strong> August 2020

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