UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

CANON INC.,

Plaintiff, 

vs. 

INK TECHNOLOGIES PRINTER SUPPLIES, 

LLC, 

Defendant. 

)

) 

) 

) 

) 

) 

) 

) 

) 

) 

Case No. 3:18-CV-000150-TMR 

STIPULATION, CONSENT 

JUDGMENT, AND PERMANENT 

INJUNCTION 

This Stipulation, Consent Judgment, and Permanent Injunction (“Consent Judgment”) is 

entered into by and between Plaintiff Canon Inc. (“Canon”) and Defendant Ink Technologies 

Printer Supplies, LLC (“Ink Technologies”), subject to approval by the Court. 

WHEREAS, Canon brought this suit against Ink Technologies for infringement of 

Canon’s U.S. Patent No. 9,581,958 B2 (the “’958 Patent”) based on Ink Technologies’s 

unauthorized manufacture, importation, sale, and/or offer for sale of certain toner cartridges, 

including toner cartridges having the following product designations: HE-CF360X; HE-CF361X; 

HE-CF362X; and HE-CF363X (“Accused Products”); 

WHEREAS, Ink Technologies wishes to conclude this litigation at Canon’s initial 

pleading stage without contesting infringement, validity, or enforceability of any claims of the 

’958 Patent; 

WHEREAS, Canon and Ink Technologies have agreed in a separate agreement to settle 

the matters in issue between them; and 

WHEREAS, Canon and Ink Technologies, through their respective counsel, hereby agree 

to entry of this Consent Judgment; 
- 2 -

NOW, THEREFORE, IT IS HEREBY STIPULATED, ORDERED, AND ADJUDGED: 

1. This is an action for patent infringement under the patent laws of the United

States, Title 35 of the United States Code. 

2. This Court has jurisdiction over Ink Technologies and the subject matter of this

action under 28 U.S.C §§ 1331 and 1338(a). Venue is proper in this Court pursuant to 28 U.S.C 

§ 1400(b).

3. Canon is the owner of all right, title, and interest in and to the ’958 Patent.

4. Ink Technologies does not contest that all of claims 1-15, 17, 18, 20-37, 39, 40,

42-87, and 89-96 of the ’958 Patent are valid, enforceable, and infringed by the Accused 

Products. 

5. Ink Technologies has sold and offered for sale in the United States the Accused

Products. 

6. Effective as of the date this Consent Judgment is entered by the Court, Ink

Technologies and its subsidiaries, affiliates, officers, directors, agents, servants, employees, 

successors, and assigns, and all other persons and organizations in active concert or participation 

with any of the foregoing, are hereby permanently enjoined and restrained from engaging in any 

of the following activities: 

(a) making, using, selling, or offering for sale in the United States, or 

importing into the United States, during the remaining term of the ’958 Patent, any of the 

Accused Products and any other toner cartridges that are not more than colorably different from 

the Accused Products and infringe one or more of the claims of the ’958 Patent; 
- 3 -

(b) otherwise directly infringing, contributorily infringing, or inducing 

infringement of any of the claims of the ’958 Patent with respect to the Accused Products or any 

other toner cartridges that are not more than colorably different from the Accused Products and 

fall within the scope of one or more of the claims of the ’958 Patent; and 

(c) assisting, aiding, or abetting any other person or business entity in 

engaging in or performing any of the activities referred to in subparagraphs (a) and (b) above. 

7. Ink Technologies and Canon shall bear their own costs and attorney fees.

8. This Consent Judgment constitutes a final judgment concerning the subject matter

of this action. 

9. Ink Technologies and Canon waive any right to appeal from this Consent

Judgment. 

10. Upon entry of this Consent Judgment, this action is dismissed, with prejudice;

provided, however, that this Court shall retain jurisdiction to enforce the terms and provisions of 

this Consent Judgment. 
- 4 -

STIPULATED AND CONSENTED TO: 

By: s/ David A. Shough by Gregory F. 

Ahrens per email authorization 

David A. Shough (Ohio Bar No. 

0029678) 

LAW OFFICE OF DAVID A. 

SHOUGH 

853 Dayton Oxford Road 

Carlisle, Ohio 45005-3412 

Tel: (937) 626-2674 

dshough@das-law.com 

Attorney for Defendant Ink 

Technologies Printer Supplies, LLC 

By: s/ Gregory F. Ahrens 

Gregory F. Ahrens (Ohio Bar No. 0038627) 

Trial Attorney 

Paul J. Linden (Ohio Bar No. 0083699) 

WOOD HERRON & EVANS LLP 

2700 Carew Tower 

441 Vine Street 

Cincinnati, Ohio 45202-2917 

Tel: (513) 241-2324 | Fax: (513) 241-6234 

gahrens@whe-law.com 

plinden@whe-law.com 

Of Counsel: 

Michael P. Sandonato 

Dennis J. McMahon 

Shannon K. Clark 

FITZPATRICK, CELLA, HARPER & 

SCINTO 

1290 Avenue of the Americas 

New York, New York 10104-3800 

Tel: (212) 218-2100 | Fax: (212) 218-2200 

msandonato@fchs.com 

dmcmahon@fchs.com 

sboeshore@fchs.com 

Edmund J. Haughey 

FITZPATRICK, CELLA, HARPER & 

SCINTO 

975 F Street, NW 

Washington, DC 20004-1462 

Tel: (202) 530-1010 | Fax: (202) 530-1055 

ehaughey@fchs.com 

Attorneys for Plaintiff Canon Inc. 
- 5 -

SO ORDERED: 

Dated: _______________________ ___________________________

Thomas M. Rose

United States District Judge

FCHS_WS 14583911v1.doc 

August 21, 2018 *s/Thomas M. Rose