Moscow State Arbitration Court
The OEM has brought its case against OOO “Softtrade” to a close.
In a press release, Canon announced the “successful conclusion” of the IP case against the Russian distributor, which it began in November 2014. The case concerned alleged infringement of the OEM’s Russian patent 2467370, which was the centre of another Russian IP case against X-Com Shop Ltd. that was settled earlier this year.
The lawsuit “concerned the offering and sale of certain toner cartridges for use in various models of Hewlett-Packard laser beam printers”, and the case had been heard at the Moscow State Arbitration Court under case number A40-171039/14. The OEM reported that the court stated in its ruling that it had “satisfied all the claims of Canon Inc. and has obliged the company OOO “Softtrade” to stop selling and to refrain from selling the goods in which the invention […] is used”.
The cartridges in question had been sold under the trademark “Hi-Black”, and Canon added that OOO “Softtrade” will now have the cartridges in question withdrawn, and will have to “destroy [them] at its own expense” as well as “publish at its own expense the court decision concerning this suit in the official bulletin of the federal executive authority on intellectual property”. Finally, a “declaratory decision on liability for damages is also included in the decision”, and has “entered into legal force”.