OEM refiles motion for Acecom to be deemed admitted, following statements from the distributor that it will no longer respond to the case.
Canon has continued its case against a number of aftermarket companies with a refilled motion to have US-based retailer Acecom, also known as InkSell.com, deemed Admitted, which the retailer has indicated that it will not dispute.
Despite a string of admitted communication, in which the OEM urges Acecom to “admit to certain highly relevant matters concerning, inter alia, the manufacture, importation, and sale of the Acecom products that Canon has accused of infringement”, Acecom has yet to respond to requests in any fashion.
The OEM’s filed request on EDIS reveals that prior to being served Canon’s requests, Acecom’s counsel stipulated that “present intention is not to provide any further filings in 337-TA-829. Since, Acecom has ceased all participation in the investigation and on 11 July 2012 filed a notice of election to default.
Canon insist that “Acecom’s responses to Canon’s Requests were due to be served by 2 July 2012, and Acecom neither sought not received any extension to respond to the Requests. Because Acecom has failed to respond to Canon’s Requests in a timely manner, and in light of the highly relevant nature of the Requests, the Requests should be deemed admitted”.