OEM announces it has reached out-of-court resolution with German company over patent infringement dispute.
A patent infringement dispute between Canon and an undisclosed German company regarding Canon’s European Patent EP 0 735 432 B1 and certain toner cartridges and their photosensitive drums has reached an out-of-court resolution, according to the OEM.
The dispute saw the German company being accused of infringing on Canon’s patent by selling the toner cartridges and photosensitive drums for use in Canon or HP laser printers.
As part of the resolution, the accused company has agreed not to offer, distribute, use, import or possess any toner cartridges or photosensitive drums that infringe on the patent, and will be liable to pay contractual damages to Canon should they breach the agreement.
Canon launched the dispute in July 2012 against approximately 50 companies, claiming legal fees based on general damages in excess of €2 million ($2.5 million), plus costs and specific damages for cartridges sold in excess of €1,000 ($1,229) per cartridge sold and that the claim is for sales backdated to 2001.
ETIRA Secretary General Vincent van Dijk commented at the time: “ETIRA welcomes any enforcement action by the OEMs against patent-infringing newbuilt cartridges. Remanufacturers should either reuse the Canon material, or use patent-free alternatives. Trading illegal parts is a dangerous business, and will cost you dearly.”
The Recycler has recently reported that Canon is working on a settlement with Clover Group, with both companies working towards a Joint Motion to Terminate a patent infringement investigation, with the settlement response time being extended from 29 August to 30 October.
Canon has also recently requested to extend its complaint response time in a legal dispute made against it by Xerox companies Merizon Group and R.K. Dixon after the OEM was accused of “conspir[ing] and engag[ing] in joint efforts with other office imaging equipment dealers to put Merizon and R.K. Dixon at a competitive disadvantage”.