The OEM has resolved its lawsuit against X-Com Shop Ltd., with the Russian retailer agreeing to “terminate the sale and offer for sale” of cartridges that reportedly infringe Canon’s patent.
Canon’s announcement saw the OEM reveal that it had resolved its “pending lawsuit” at the Moscow State Arbitration Court” against X-Com Shop Ltd., which began in August last year and concerned the OEM’s Russian Federation patent 2467370, relating to toner cartridges, and which Canon noted at the time was in order to “stop infringement and to collect damages for patent infringement in accordance with Russian law”.
The resolution of the case has seen the two companies enter into “an amicable agreement”, where X-Com Shop Ltd. “recognises Canon’s exclusive rights for the patent and takes the obligation to terminate the sale and offer for sale”, as well as “introduction into civil circulation (including [on] the internet) in Russia or storage for the purpose of sale of the cartridges that Canon accused of infringement”.
When the case was first announced, Canon has stated that it believed “certain models of cartridges sold on the Russian market” by the company, under the trademarks ‘CACTUS’ and ‘G&G’ infringed its patent. In response to the settlement, the OEM repeated its usual IP statement, pointing out that “throughout the development, sales and marketing process, Canon respects the intellectual property rights of other companies and individuals and expects others to do the same.
“Canon remains committed to taking legal action against anyone who does not respect Canon’s intellectual property rights”.
The OEM began other IP cases against companies across Europe throughout 2014 relating to the same gear patent: including Armor, Artech and Pelikan; Seine and Aster in the Netherlands; KMP and wta as well as tintenalarm.de in Germany; European Cartridge Warehouse Limited and Printer Supplies Technology Limited in the UK; Zephyr SAS and Aster in France; and OOO “Softrade” in Russia. It also began district court ad USITC cases in the USA in February and May last year.