The court ruled Canon was eligible to demand that the sale of recycled cartridges imported by office supplies distributor Recycle Assist Co. be barred, saying the recycled product contained key elements of the patented invention.
The decision marks the Supreme Court’s first ruling on patent infringement regarding a recycled product of a patented item and is expected to impact
In 2002 Canon patented the technology used to prevent its cartridges from leaking. Recycle Assist imported Canon cartridges that had been emptied and refilled, and sold the recycled product without Canon’s consent.
According to the ruling, a recycled product violates the patent right of the original product if the recycled product can be recognised as a ‘new production’ of the patented product. A recycled product is recognised as a ‘new production’ of the patented product based on the characteristics of the recycled product and how the original product is processed.
The Supreme Court ruled that the product in question was a new production of a patented product.
The Tokyo District Court dismissed Canon’s request in 2004, to which the patent holder appealed. The Intellectual Property High Court reversed the district court ruling in January 2006 and said the recycled product violated Canon’s patent right. Recycle Assist then appealed to the Supreme Court. The ruling of 8th November 2007 is final.
A representative of Recycle Assist said, “We’re disappointed with the ruling, but we’ve already altered the recycling process, so the decision will not affect our future recycled products.”
Recycler has made contact with both Canon and Recycle Assist for further feedback and reactions to the ruling.