Aftermarket Companies Strike Back

Following their motion to request a new trial for reasonable royalty damages, Color Imaging, Inc. (CI) and General Plastic Industrial Co., Ltd. (GPI) have filed an Omnibus Memorandum of Law in which multiple requests are bundled.

According to the document copy provided to RT Media, CI and GPI claim：

• there was “no indirect infringement or willfulness;”
• the indirect infringement claims were barred by the doctrine of permissible repair;
• Canon’s direct infringement claims are barred by the doctrine of patent exhaustion and right to repair.

Back in June, it took a jury only a few hours to return a guilty verdict where CI and GPI were found to have “willfully infringed Canon’s patent No. 7,647,012”. Canon was awarded the full measure of damages, however, Canon asked the court to enhance the damages award by up to three times, which is permitted under the law.

However, CI and GPI urged the courts to provide them with a new trial because the jury ordered them to pay “grossly excessive damages” to Canon.

Defendants request retrial in Canon case

Canon seeks treble damages