Canon to End 337 Complaint with another Settlement

Canon announces settlement with another aftermarket player as the OEM marching victoriously to the end of its 337 complaint.

In the early 2012, Canon sent over 30 aftermarket players to court, alleging those companies have infringed its U.S. Patent 5,903,803 and 6,128,454, which cover the drum gear in various Canon and HP cartridges.

Zinyaw LLC, doing business as TonerPirate.com, becomes the latest defendant to settle with the OEM. The company never answered Canon’s complaint before the ITC and was found in default last summer.

Now, the aftermarket retailer has signed consent judgment and permanent injunction before the district court. According to the agreement, Zinyaw LLC acknowledged Canon’s patents are valid and enforceable. Zinyaw LLC will be prohibited from making, using, selling and offering for sale in the U.S., and from importing into the U.S., any toner cartridges which Canon claimed to contain infringing components.

As Recycling Times reported last October, Canon has settled with two last defendants in Clover and Green Project. The new settlement means no companies active are now infringing Canon’s patents. With a complete victory, Canon will press the ITC for a general exclusion order, which would bar the importation of patent-infringing cartridges into the United States.