Canon Dispute Goes to Mediation

The case in which Canon is accusing Color Imaging, Inc. and General Plastic Industrial Co., Ltd of infringing its patents, has been directed to private mediation, by the court.

In the matter before the US District Court for the Northern District of Georgia, Atlanta Division, Canon’s claim is that the defendants have infringed their U.S. Patent No. 7,647,012. The patent relates to a toner supply container that is inserted into, and removed from, a copier or printer in order to replenish the toner.

On September 15, 2011, Canon filed suit, claiming Color Imaging and Uninet Imaging have been directly infringing the patent involved by “making, using, importing, selling and/or offering for sell the bottle products embodying the invention defined by one or more claims of the patent, without authority or license of Canon.” Previously, in 2010, Canon won an infringement suit for the same patent against Densigraphix, Copylite Products and Polek & Polek.

Now, according to court orders provided to RT Media, US District Judge, Amy Totenberg has directed Canon to meet privately with Color Imaging, Inc. and General Plastic Industrial Co., Ltd, “to engage a private mediator and to split the mediator’s costs evenly”.

Totenberg was convinced that the issues in this case have been somewhat narrowed. In two submissions, totalling some 241 pages, the defendants moved for a “summary judgment” for a number of reasons, including the doctrines of exhaustion, implied license, and repair. They also claimed, among other things, that Canon lacked the proof of direct or indirect infringement liability. Some of Canon’s objections were denied, as were some of the defendants’ defense arguments (eg exhaustion doctrine).

Further, Totenberg directed that the mediation must conclude no later than May 6, 2016 and a status report be filed within 5 days of the conclusion of the mediation indicating whether this matter is resolved.



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