Sean D. Garrison (Arizona Bar ID 014436) 

BACAL & GARRISON LAW GROUP 

6991 East Camelback, Suite D-102 

Scottsdale, Arizona 85251 

Tel: (480) 245-6230 

sean.garrison@bacalgroup.com 

Attorneys for Plaintiff Canon Inc. 

UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA 

Canon Inc., 

 Plaintiff, 

 vs. 

Kuhlmann Enterprises, Inc., 

 Defendant. 

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Case No. ______________ 

PLAINTIFF CANON INC.’S 

COMPLAINT FOR PATENT 

INFRINGEMENT 

JURY TRIAL DEMANDED

Plaintiff Canon Inc. (“Canon”) brings this action for patent infringement against 

Defendant Kuhlmann Enterprises, Inc. (“Defendant”), and alleges as follows: 

Related Actions 

1. This action is related to an action being concurrently filed in the U.S. 

International Trade Commission, In the Matter of Certain Toner Cartridges and 

Components Thereof (the “ITC Proceeding”), in that (a) Canon is a complainant in the 

ITC Proceeding; (b) Defendant is a named respondent, among other named respondents, 

in the ITC Proceeding; (c) Canon is asserting the same patents against Defendant both 

here and in the ITC Proceeding; and (d) this action and the ITC Proceeding involve the 

same accused products of Defendant. Canon is concurrently filing similar complaints in 

this Court or in other courts against the other named respondents in the ITC Proceeding. 

Case 2:18-cv-00657-SMB Document 1 Filed 02/28/18 Page 1 of 23
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The Parties 

2. Canon is a corporation organized and existing under the laws of Japan, 

having its principal place of business at 30-2, Shimomaruko 3-chome, Ohta-ku, Tokyo 

146-8501, Japan. 

3. Canon is a leading innovator, manufacturer and seller of a wide variety of 

laser beam printers, inkjet printers, copying machines, cameras, and other consumer, 

business, and industrial products. 

4. On information and belief, Kuhlmann Enterprises, Inc. is a corporation 

organized and existing under the laws of the State of Illinois, with its principal place of 

business located at 2102 W. Quail Avenue, Suite 1, Phoenix, Arizona 85027. 

5. On information and belief, Defendant does business under the assumed 

name “Precision Roller,” and conducts activities via the Internet at least as 

precisionroller.com. 

Jurisdiction and Venue

6. This is an action for patent infringement arising under the patent laws of the 

United States, Title 35 of the United States Code. This Court has subject matter 

jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a). 

7. This Court has personal jurisdiction over Defendant because its principal 

place of business is located in this judicial district, and because it has, directly or through 

intermediaries, committed acts within Arizona giving rise to this action and/or has 

established minimum contacts with Arizona such that the exercise of jurisdiction would 

not offend traditional notions of fair play and substantial justice. 

8. Venue is proper under 28 U.S.C. § 1400(b). Defendant has committed 

infringing acts in this judicial district and has a regular and established place of business 

in this judicial district. 

Case 2:18-cv-00657-SMB Document 1 Filed 02/28/18 Page 2 of 23
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Canon’s Patents-in-Suit 

9. On August 29, 2017, U.S. Patent No. 9,746,826 (the “’826 patent”), titled 

“Process Cartridge, Electrophotographic Image Forming Apparatus, and 

Electrophotographic Photosensitive Drum Unit,” duly and legally issued to Canon as 

assignee of the inventors, Takahito Ueno, Shigeo Miyabe, and Masanari Morioka. A true 

and correct copy of the ’826 patent is attached as Exhibit A. 

10. On December 5, 2017, U.S. Patent No. 9,836,021 (the “’021 patent”), titled 

“Process Cartridge, Electrophotographic Image Forming Apparatus, and 

Electrophotographic Photosensitive Drum Unit,” duly and legally issued to Canon as 

assignee of the inventors, Takahito Ueno, Shigeo Miyabe, and Masanari Morioka. A true 

and correct copy of the ’021 patent is attached as Exhibit B. 

11. On December 12, 2017, U.S. Patent No. 9,841,727 (the “’727 patent”), 

titled “Process Cartridge, Electrophotographic Image Forming Apparatus, and 

Electrophotographic Photosensitive Drum Unit,” duly and legally issued to Canon as 

assignee of the inventors, Takahito Ueno, Shigeo Miyabe, and Masanari Morioka. A true 

and correct copy of the ’727 patent is attached as Exhibit C. 

12. On December 12, 2017, U.S. Patent No. 9,841,728 (the “’728 patent”), 

titled “Process Cartridge, Electrophotographic Image Forming Apparatus, and 

Electrophotographic Photosensitive Drum Unit,” duly and legally issued to Canon as 

assignee of the inventors, Takahito Ueno, Shigeo Miyabe, and Masanari Morioka. A true 

and correct copy of the ’728 patent is attached as Exhibit D. 

13. On December 12, 2017, U.S. Patent No. 9,841,729 (the “’729 patent”), 

titled “Process Cartridge, Electrophotographic Image Forming Apparatus, and 

Electrophotographic Photosensitive Drum Unit,” duly and legally issued to Canon as 

assignee of the inventors, Takahito Ueno, Shigeo Miyabe, and Masanari Morioka. A true 

and correct copy of the ’729 patent is attached as Exhibit E. 

Case 2:18-cv-00657-SMB Document 1 Filed 02/28/18 Page 3 of 23
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14. On January 2, 2018, U.S. Patent No. 9,857,764 (the “’764 patent”), titled 

“Process Cartridge, Electrophotographic Image Forming Apparatus, and 

Electrophotographic Photosensitive Drum Unit,” duly and legally issued to Canon as 

assignee of the inventors, Takahito Ueno, Shigeo Miyabe, and Masanari Morioka. A true 

and correct copy of the ’764 patent is attached as Exhibit F. 

15. On January 2, 2018, U.S. Patent No. 9,857,765 (the “’765 patent”), titled 

“Process Cartridge, Electrophotographic Image Forming Apparatus, and 

Electrophotographic Photosensitive Drum Unit,” duly and legally issued to Canon as 

assignee of the inventors, Takahito Ueno, Shigeo Miyabe, and Masanari Morioka. A true 

and correct copy of the ’765 patent is attached as Exhibit G. 

16. On January 16, 2018, U.S. Patent No. 9,869,960 (the “’960 patent”), titled 

“Process Cartridge, Electrophotographic Image Forming Apparatus, and 

Electrophotographic Photosensitive Drum Unit,” duly and legally issued to Canon as 

assignee of the inventors, Takahito Ueno, Shigeo Miyabe, and Masanari Morioka. A true 

and correct copy of the ’960 patent is attached as Exhibit H. 

17. On January 23, 2018, U.S. Patent No. 9,874,846 (the “’846 patent”), titled 

“Process Cartridge, Electrophotographic Image Forming Apparatus, and 

Electrophotographic Photosensitive Drum Unit,” duly and legally issued to Canon as 

assignee of the inventors, Takahito Ueno, Shigeo Miyabe, and Masanari Morioka. A true 

and correct copy of the ’846 patent is attached as Exhibit I. 

18. Canon is the sole owner of the entire right, title, and interest in and to the 

’826, ’021, ’727, ’728, ’729, ’764, ’765, ’960, and ’846 patents (collectively, “Asserted 

Patents”), including the right to sue and recover for any and all infringements thereof. 

19. The Asserted Patents are valid and enforceable. 

Case 2:18-cv-00657-SMB Document 1 Filed 02/28/18 Page 4 of 23
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Defendant’s Infringing Activities 

20. On information and belief, Defendant is engaged in the business of selling 

and/or offering to sell within the United States and/or importing into the United States 

replacement toner cartridges for use in one or more Canon and HP laser beam printers, 

including but not limited to the printers listed in the table below, which toner cartridges 

and/or the components contained therein (e.g., photosensitive drum units) are covered by 

one or more claims of each of the Asserted Patents. 

Canon/HP Laser Beam Printers Compatible Canon/HP 

Cartridges

Canon imageCLASS 312x, 312i, and 312dn 

Canon i-SENSYS LBP312x, LBP312i, and LBP312dn 

Canon Cartridge 041/041 H

Canon imageCLASS LBP6300dn, LBP6650dn, 

LBP6670dn, MF5850dn, MF5880dn, MF5950dw, 

MF5960dn, MF6160dw, and MF6180dw 

Canon Cartridge 119/119 II

Canon imageCLASS D1120, D1150, D1170, D1180, 

D1320, D1350, and D1370 

Canon Cartridge 120 

Canon imageCLASS LBP6780dn Canon Cartridge 324 II 

Canon imageRUNNER LBP3560 and LBP3580 Canon GPR-40 

Canon imageRUNNER LBP3470 and LBP3480 

Canon LASER CLASS 650i 

Canon GPR-41 

HP LaserJet P3010 

HP LaserJet Pro MFP M521dn 

HP LaserJet Enterprise P3015d, P3015dn, P3015n, and 

P3015x 

HP LaserJet Enterprise 500 MFP M525f and M525dn 

HP LaserJet Enterprise Flow MFP M525c 

HP CE255A/X 

Case 2:18-cv-00657-SMB Document 1 Filed 02/28/18 Page 5 of 23
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HP LaserJet P2033, P2033n, P2034, P2034n, P2035, 

P2035n, P2036, P2036n, P2037, P2037n, P2053d, 

P2053dn, P2053x, P2054d, P2054dn, P2054x, P2055, 

P2055d, P2055dn, P2055x, P2056d, P2056dn, P2056x, 

P2057d, P2057dn, and P2057x 

HP CE505A 

HP LaserJet P2053d, P2053dn, P2053x, P2054d, P2054dn, 

P2054x, P2055, P2055d, P2055dn, P2055x, P2056d, 

P2056dn, P2056x, P2057d, P2057dn, and P2057x 

HP CE505X 

HP LaserJet Pro M402n, M402dn, M402dw, M426fdn, and 

MFP M426fdw 

HP CF226A/CF226X 

HP LaserJet Enterprise Flow MFP M631h and M632z 

HP LaserJet Enterprise M607dn, M607n, M608dn, M608n, 

M608x, M609dn, M609x, MFP M631dn, MFP M631z, 

MFP M632fht, and MFP M632h 

HP CF237A/X/Y/YC 

HP LaserJet Pro 400 M401dn, M401dne, M401dw, 

M401n, and MFP M425dn 

HP CF280A/X 

HP LaserJet Enterprise M506dn, M506n, MFP M527dn, 

and MFP M527f 

HP CF287A/CF287X 

21. A non-limiting example of an infringing toner cartridge imported and/or 

sold by Defendant is model AM-H0505A, depicted below. The design of the 

AM-H0505A cartridge is what is referred to in the ITC Proceeding as “Type A.” 

Another example of a Type A cartridge imported and/or sold by Defendant includes, 

without limitation, model AM-H0280XU. 

Case 2:18-cv-00657-SMB Document 1 Filed 02/28/18 Page 6 of 23
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22. Another non-limiting example of an infringing toner cartridge imported 

and/or sold by Defendant is model AP-HF226A, depicted below. The design of the 

AP-HF226A cartridge is what is referred to in the ITC Proceeding as “Type B.” 

 

First Cause of Action: Infringement of U.S. Patent No. 9,746,826 

23. Canon repeats and incorporates by reference the allegations of paragraphs 

1-22 above, as though set forth here in their entirety. 

24. Defendant is directly infringing the ’826 patent by selling and/or offering to 

sell within the United States and/or importing into the United States toner cartridges for 

use in at least the Canon and HP laser beam printers listed above, including but not 

limited to the aforementioned AM-H0505A, AM-H0280XU, and AP-HF226A cartridges. 

25. Defendant also is indirectly infringing the ’826 patent at least by virtue of 

its inducement of direct infringement of that patent by customers who use Defendant’s 

toner cartridges in at least the Canon and HP laser beam printers listed above. At the 

very latest, Defendant will be given notice of its infringement of the ’826 patent upon 

being served with this Complaint. On information and belief, Defendant knowingly 

induces customers to use its toner cartridges, including, for example, by promoting its 

cartridges for use in specific printers and/or providing customers with instructions for 

using its cartridges in those printers. 

26. Defendant’s accused toner cartridges infringe one or more claims of the 

’826 patent. The AM-H0505A and AM-H0280XU (Type A) cartridges, for example, 

infringe at least claims 1-4, 6, 7, and 9 of the ’826 patent. Attached hereto as Exhibit J, 

Case 2:18-cv-00657-SMB Document 1 Filed 02/28/18 Page 7 of 23
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and incorporated by reference herein, are claim charts detailing how a representative 

Type A toner cartridge infringes independent claims 1 and 6 of the ’826 patent. 

27. As another example, Defendant’s AP-HF226A (Type B) cartridge, for 

example, infringes at least claims 1, 2, 4, 6, 7, and 9 of the ’826 patent. Attached hereto 

as Exhibit K, and incorporated by reference herein, are claim charts detailing how a 

representative Type B toner cartridge infringes independent claims 1 and 6 of the ’826 

patent. 

28. The Court has not yet construed the meaning of any claims or terms in the 

’826 patent. In providing these detailed allegations, Canon does not intend to convey or 

imply any particular claim construction or the precise scope of the claims. Canon’s 

contentions regarding the construction of the claims will be provided in compliance with 

the case schedule, any applicable federal or local procedural rules, and/or any applicable 

orders. 

29. Canon contends that each element of each asserted claim is literally present 

in the accused toner cartridges. If as a result of the Court’s constructions or other 

determinations one or more claim elements are not literally present, Canon contends that 

each such element is present under the doctrine of equivalents and reserves its right to 

provide more detailed doctrine of equivalents contentions after discovery, a claim 

construction order from the Court, or at another appropriate time. 

30. Defendant’s acts complained of herein are damaging and will continue to 

cause irreparable injury and damage to Canon for which there is no adequate remedy at 

law. Canon is therefore entitled to preliminary and permanent injunctions restraining and 

enjoining Defendant from infringing the claims of the ’826 patent. 

31. By reason of Defendant’s infringing activities, Canon has suffered, and will 

continue to suffer, substantial damages in an amount to be determined at trial. 

Case 2:18-cv-00657-SMB Document 1 Filed 02/28/18 Page 8 of 23
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Second Cause of Action: Infringement of U.S. Patent No. 9,836,021 

32. Canon repeats and incorporates by reference the allegations of paragraphs 

1-22 above, as though set forth here in their entirety. 

33. Defendant is directly infringing the ’021 patent by selling and/or offering to 

sell within the United States and/or importing into the United States toner cartridges for 

use in at least the Canon and HP laser beam printers listed above, including but not 

limited to the aforementioned AM-H0505A, AM-H0280XU, and AP-HF226A cartridges. 

34. Defendant also is indirectly infringing the ’021 patent at least by virtue of 

its inducement of direct infringement of that patent by customers who use Defendant’s 

toner cartridges in at least the Canon and HP laser beam printers listed above. At the 

very latest, Defendant will be given notice of its infringement of the ’021 patent upon 

being served with this Complaint. On information and belief, Defendant knowingly 

induces customers to use its toner cartridges, including, for example, by promoting its 

cartridges for use in specific printers and/or providing customers with instructions for 

using its cartridges in those printers. 

35. Defendant’s accused toner cartridges infringe one or more claims of the 

’021 patent. The AM-H0505A and AM-H0280XU (Type A) cartridges, for example, 

infringe at least claims 1, 2, 4, 5, and 7 of the ’021 patent. Attached hereto as Exhibit L, 

and incorporated by reference herein, is a claim chart detailing how a representative Type 

A toner cartridge infringes independent claim 1 of the ’021 patent. 

36. As another example, Defendant’s AP-HF226A (Type B) cartridge, for 

example, infringes at least claims 1, 2, 4, 5, and 7 of the ’021 patent. Attached hereto as 

Exhibit M, and incorporated by reference herein, is a claim chart detailing how a 

representative Type B toner cartridge infringes independent claim 1 of the ’021 patent. 

37. The Court has not yet construed the meaning of any claims or terms in the 

’021 patent. In providing these detailed allegations, Canon does not intend to convey or 

Case 2:18-cv-00657-SMB Document 1 Filed 02/28/18 Page 9 of 23
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imply any particular claim construction or the precise scope of the claims. Canon’s 

contentions regarding the construction of the claims will be provided in compliance with 

the case schedule, any applicable federal or local procedural rules, and/or any applicable 

orders. 

38. Canon contends that each element of each asserted claim is literally present 

in the accused toner cartridges. If as a result of the Court’s constructions or other 

determinations one or more claim elements are not literally present, Canon contends that 

each such element is present under the doctrine of equivalents and reserves its right to 

provide more detailed doctrine of equivalents contentions after discovery, a claim 

construction order from the Court, or at another appropriate time. 

39. Defendant’s acts complained of herein are damaging and will continue to 

cause irreparable injury and damage to Canon for which there is no adequate remedy at 

law. Canon is therefore entitled to preliminary and permanent injunctions restraining and 

enjoining Defendant from infringing the claims of the ’021 patent. 

40. By reason of Defendant’s infringing activities, Canon has suffered, and will 

continue to suffer, substantial damages in an amount to be determined at trial. 

Third Cause of Action: Infringement of U.S. Patent No. 9,841,727 

41. Canon repeats and incorporates by reference the allegations of paragraphs 

1-22 above, as though set forth here in their entirety. 

42. Defendant is directly infringing the ’727 patent by selling and/or offering to 

sell within the United States and/or importing into the United States toner cartridges for 

use in at least the Canon and HP laser beam printers listed above, including but not 

limited to the aforementioned AM-H0505A, AM-H0280XU, and AP-HF226A cartridges. 

43. Defendant also is indirectly infringing the ’727 patent at least by virtue of 

its inducement of direct infringement of that patent by customers who use Defendant’s 

toner cartridges in at least the Canon and HP laser beam printers listed above. At the 

Case 2:18-cv-00657-SMB Document 1 Filed 02/28/18 Page 10 of 23
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very latest, Defendant will be given notice of its infringement of the ’727 patent upon 

being served with this Complaint. On information and belief, Defendant knowingly 

induces customers to use its toner cartridges, including, for example, by promoting its 

cartridges for use in specific printers and/or providing customers with instructions for 

using its cartridges in those printers. 

44. Defendant’s accused toner cartridges infringe one or more claims of the 

’727 patent. The AM-H0505A and AM-H0280XU (Type A) cartridges, for example, 

infringe at least claims 1, 2, 4-7, 9-12, 15-17, 19-22, 24, 26, and 27 of the ’727 patent. 

Attached hereto as Exhibit N, and incorporated by reference herein, are claim charts 

detailing how a representative Type A toner cartridge infringes independent claims 1 and 

16 of the ’727 patent. 

45. As another example, Defendant’s AP-HF226A (Type B) cartridge, for 

example, infringes at least claims 1, 2, 5-7, 9-12, 15-17, 19-22, 24, 26, and 27 of the ’727 

patent. Attached hereto as Exhibit O, and incorporated by reference herein, are claim 

charts detailing how a representative Type B toner cartridge infringes independent claims 

1 and 16 of the ’727 patent. 

46. The Court has not yet construed the meaning of any claims or terms in the 

’727 patent. In providing these detailed allegations, Canon does not intend to convey or 

imply any particular claim construction or the precise scope of the claims. Canon’s 

contentions regarding the construction of the claims will be provided in compliance with 

the case schedule, any applicable federal or local procedural rules, and/or any applicable 

orders. 

47. Canon contends that each element of each asserted claim is literally present 

in the accused toner cartridges. If as a result of the Court’s constructions or other 

determinations one or more claim elements are not literally present, Canon contends that 

each such element is present under the doctrine of equivalents and reserves its right to 

Case 2:18-cv-00657-SMB Document 1 Filed 02/28/18 Page 11 of 23
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provide more detailed doctrine of equivalents contentions after discovery, a claim 

construction order from the Court, or at another appropriate time. 

48. Defendant’s acts complained of herein are damaging and will continue to 

cause irreparable injury and damage to Canon for which there is no adequate remedy at 

law. Canon is therefore entitled to preliminary and permanent injunctions restraining and 

enjoining Defendant from infringing the claims of the ’727 patent. 

49. By reason of Defendant’s infringing activities, Canon has suffered, and will 

continue to suffer, substantial damages in an amount to be determined at trial. 

Fourth Cause of Action: Infringement of U.S. Patent No. 9,841,728 

50. Canon repeats and incorporates by reference the allegations of paragraphs 

1-22 above, as though set forth here in their entirety. 

51. Defendant is directly infringing the ’728 patent by selling and/or offering to 

sell within the United States and/or importing into the United States toner cartridges for 

use in at least the Canon and HP laser beam printers listed above, including but not 

limited to the aforementioned AM-H0505A, AM-H0280XU, and AP-HF226A cartridges. 

52. Defendant also is indirectly infringing the ’728 patent at least by virtue of 

its inducement of direct infringement of that patent by customers who use Defendant’s 

toner cartridges in at least the Canon and HP laser beam printers listed above. At the 

very latest, Defendant will be given notice of its infringement of the ’728 patent upon 

being served with this Complaint. On information and belief, Defendant knowingly 

induces customers to use its toner cartridges, including, for example, by promoting its 

cartridges for use in specific printers and/or providing customers with instructions for 

using its cartridges in those printers. 

53. Defendant’s accused toner cartridges infringe one or more claims of the 

’728 patent. The AM-H0505A and AM-H0280XU (Type A) cartridges, for example, 

infringe at least claims 1, 2, 4-7, 9-12, 15-17, 19-22, 24, and 26-28 of the ’728 patent. 

Case 2:18-cv-00657-SMB Document 1 Filed 02/28/18 Page 12 of 23
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Attached hereto as Exhibit P, and incorporated by reference herein, are claim charts 

detailing how a representative Type A toner cartridge infringes independent claims 1 and 

16 of the ’728 patent. 

54. As another example, Defendant’s AP-HF226A (Type B) cartridge, for 

example, infringes at least claims 1, 2, 5-7, 9-12, 15-17, 19-22, 24, and 26-28 of the ’728 

patent. Attached hereto as Exhibit Q, and incorporated by reference herein, are claim 

charts detailing how a representative Type B toner cartridge infringes independent claims 

1 and 16 of the ’728 patent. 

55. The Court has not yet construed the meaning of any claims or terms in the 

’728 patent. In providing these detailed allegations, Canon does not intend to convey or 

imply any particular claim construction or the precise scope of the claims. Canon’s 

contentions regarding the construction of the claims will be provided in compliance with 

the case schedule, any applicable federal or local procedural rules, and/or any applicable 

orders. 

56. Canon contends that each element of each asserted claim is literally present 

in the accused toner cartridges. If as a result of the Court’s constructions or other 

determinations one or more claim elements are not literally present, Canon contends that 

each such element is present under the doctrine of equivalents and reserves its right to 

provide more detailed doctrine of equivalents contentions after discovery, a claim 

construction order from the Court, or at another appropriate time. 

57. Defendant’s acts complained of herein are damaging and will continue to 

cause irreparable injury and damage to Canon for which there is no adequate remedy at 

law. Canon is therefore entitled to preliminary and permanent injunctions restraining and 

enjoining Defendant from infringing the claims of the ’728 patent. 

58. By reason of Defendant’s infringing activities, Canon has suffered, and will 

continue to suffer, substantial damages in an amount to be determined at trial. 

Case 2:18-cv-00657-SMB Document 1 Filed 02/28/18 Page 13 of 23
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Fifth Cause of Action: Infringement of U.S. Patent No. 9,841,729 

59. Canon repeats and incorporates by reference the allegations of paragraphs 

1-22 above, as though set forth here in their entirety. 

60. Defendant is directly infringing the ’729 patent by selling and/or offering to 

sell within the United States and/or importing into the United States toner cartridges for 

use in at least the Canon and HP laser beam printers listed above, including but not 

limited to the aforementioned AM-H0505A and AM-H0280XU cartridges. 

61. Defendant also is indirectly infringing the ’729 patent at least by virtue of 

its inducement of direct infringement of that patent by customers who use Defendant’s 

toner cartridges in at least the Canon and HP laser beam printers listed above. At the 

very latest, Defendant will be given notice of its infringement of the ’729 patent upon 

being served with this Complaint. On information and belief, Defendant knowingly 

induces customers to use its toner cartridges, including, for example, by promoting its 

cartridges for use in specific printers and/or providing customers with instructions for 

using its cartridges in those printers. 

62. Defendant’s accused toner cartridges infringe one or more claims of the 

’729 patent. The AM-H0505A and AM-H0280XU (Type A) cartridges, for example, 

infringe at least claims 1-3, 6, 8-11, 14, 16-21, 24, and 26 of the ’729 patent. Attached 

hereto as Exhibit R, and incorporated by reference herein, are claim charts detailing how 

a representative Type A toner cartridge infringes independent claims 1, 9, and 18 of the 

’729 patent. 

63. The Court has not yet construed the meaning of any claims or terms in the 

’729 patent. In providing these detailed allegations, Canon does not intend to convey or 

imply any particular claim construction or the precise scope of the claims. Canon’s 

contentions regarding the construction of the claims will be provided in compliance with 

Case 2:18-cv-00657-SMB Document 1 Filed 02/28/18 Page 14 of 23
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the case schedule, any applicable federal or local procedural rules, and/or any applicable 

orders. 

64. Canon contends that each element of each asserted claim is literally present 

in the accused toner cartridges. If as a result of the Court’s constructions or other 

determinations one or more claim elements are not literally present, Canon contends that 

each such element is present under the doctrine of equivalents and reserves its right to 

provide more detailed doctrine of equivalents contentions after discovery, a claim 

construction order from the Court, or at another appropriate time. 

65. Defendant’s acts complained of herein are damaging and will continue to 

cause irreparable injury and damage to Canon for which there is no adequate remedy at 

law. Canon is therefore entitled to preliminary and permanent injunctions restraining and 

enjoining Defendant from infringing the claims of the ’729 patent. 

66. By reason of Defendant’s infringing activities, Canon has suffered, and will 

continue to suffer, substantial damages in an amount to be determined at trial. 

Sixth Cause of Action: Infringement of U.S. Patent No. 9,857,764 

67. Canon repeats and incorporates by reference the allegations of paragraphs 

1-22 above, as though set forth here in their entirety. 

68. Defendant is directly infringing the ’764 patent by selling and/or offering to 

sell within the United States and/or importing into the United States toner cartridges for 

use in at least the Canon and HP laser beam printers listed above, including but not 

limited to the aforementioned AM-H0505A and AM-H0280XU cartridges. 

69. Defendant also is indirectly infringing the ’764 patent at least by virtue of 

its inducement of direct infringement of that patent by customers who use Defendant’s 

toner cartridges in at least the Canon and HP laser beam printers listed above. At the 

very latest, Defendant will be given notice of its infringement of the ’764 patent upon 

being served with this Complaint. On information and belief, Defendant knowingly 

Case 2:18-cv-00657-SMB Document 1 Filed 02/28/18 Page 15 of 23
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induces customers to use its toner cartridges, including, for example, by promoting its 

cartridges for use in specific printers and/or providing customers with instructions for 

using its cartridges in those printers. 

70. Defendant’s accused toner cartridges (including the drum units contained 

therein) infringe one or more claims of the ’764 patent. The AM-H0505A and 

AM-H0280XU (Type A) cartridges, for example, infringe at least claims 7-9 of the ’764 

patent. Attached hereto as Exhibit S, and incorporated by reference herein, is a claim 

chart detailing how a representative Type A toner cartridge infringes independent claim 7 

of the ’764 patent. 

71. The Court has not yet construed the meaning of any claims or terms in the 

’764 patent. In providing these detailed allegations, Canon does not intend to convey or 

imply any particular claim construction or the precise scope of the claims. Canon’s 

contentions regarding the construction of the claims will be provided in compliance with 

the case schedule, any applicable federal or local procedural rules, and/or any applicable 

orders. 

72. Canon contends that each element of each asserted claim is literally present 

in the accused toner cartridges. If as a result of the Court’s constructions or other 

determinations one or more claim elements are not literally present, Canon contends that 

each such element is present under the doctrine of equivalents and reserves its right to 

provide more detailed doctrine of equivalents contentions after discovery, a claim 

construction order from the Court, or at another appropriate time. 

73. Defendant’s acts complained of herein are damaging and will continue to 

cause irreparable injury and damage to Canon for which there is no adequate remedy at 

law. Canon is therefore entitled to preliminary and permanent injunctions restraining and 

enjoining Defendant from infringing the claims of the ’764 patent. 

Case 2:18-cv-00657-SMB Document 1 Filed 02/28/18 Page 16 of 23
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74. By reason of Defendant’s infringing activities, Canon has suffered, and will 

continue to suffer, substantial damages in an amount to be determined at trial. 

Seventh Cause of Action: Infringement of U.S. Patent No. 9,857,765 

75. Canon repeats and incorporates by reference the allegations of paragraphs 

1-22 above, as though set forth here in their entirety. 

76. Defendant is directly infringing the ’765 patent by selling and/or offering to 

sell within the United States and/or importing into the United States toner cartridges for 

use in at least the Canon and HP laser beam printers listed above, including but not 

limited to the aforementioned AM-H0505A, AM-H0280XU, and AP-HF226A cartridges. 

77. Defendant also is indirectly infringing the ’765 patent at least by virtue of 

its inducement of direct infringement of that patent by customers who use Defendant’s 

toner cartridges in at least the Canon and HP laser beam printers listed above. At the 

very latest, Defendant will be given notice of its infringement of the ’765 patent upon 

being served with this Complaint. On information and belief, Defendant knowingly 

induces customers to use its toner cartridges, including, for example, by promoting its 

cartridges for use in specific printers and/or providing customers with instructions for 

using its cartridges in those printers. 

78. Defendant’s accused toner cartridges infringe one or more claims of the 

’765 patent. The AM-H0505A and AM-H0280XU (Type A) cartridges, for example, 

infringe at least claims 1, 3, 4, 6, 13, 16, 17, and 19 of the ’765 patent. Attached hereto 

as Exhibit T, and incorporated by reference herein, are claim charts detailing how a 

representative Type A toner cartridge infringes independent claims 1, 4, and 13 of the 

’765 patent. 

79. As another example, Defendant’s AP-HF226A (Type B) cartridge, for 

example, infringes at least claims 1, 3, 13, 16, 17, and 19 of the ’765 patent. Attached 

hereto as Exhibit U, and incorporated by reference herein, are claim charts detailing how 

Case 2:18-cv-00657-SMB Document 1 Filed 02/28/18 Page 17 of 23
 18 

a representative Type B toner cartridge infringes independent claims 1 and 13 of the ’765 

patent. 

80. The Court has not yet construed the meaning of any claims or terms in the 

’765 patent. In providing these detailed allegations, Canon does not intend to convey or 

imply any particular claim construction or the precise scope of the claims. Canon’s 

contentions regarding the construction of the claims will be provided in compliance with 

the case schedule, any applicable federal or local procedural rules, and/or any applicable 

orders. 

81. Canon contends that each element of each asserted claim is literally present 

in the accused toner cartridges. If as a result of the Court’s constructions or other 

determinations one or more claim elements are not literally present, Canon contends that 

each such element is present under the doctrine of equivalents and reserves its right to 

provide more detailed doctrine of equivalents contentions after discovery, a claim 

construction order from the Court, or at another appropriate time. 

82. Defendant’s acts complained of herein are damaging and will continue to 

cause irreparable injury and damage to Canon for which there is no adequate remedy at 

law. Canon is therefore entitled to preliminary and permanent injunctions restraining and 

enjoining Defendant from infringing the claims of the ’765 patent. 

83. By reason of Defendant’s infringing activities, Canon has suffered, and will 

continue to suffer, substantial damages in an amount to be determined at trial. 

Eighth Cause of Action: Infringement of U.S. Patent No. 9,869,960 

84. Canon repeats and incorporates by reference the allegations of paragraphs 

1-22 above, as though set forth here in their entirety. 

85. Defendant is directly infringing the ’960 patent by selling and/or offering to 

sell within the United States and/or importing into the United States toner cartridges for 

Case 2:18-cv-00657-SMB Document 1 Filed 02/28/18 Page 18 of 23
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use in at least the Canon and HP laser beam printers listed above, including but not 

limited to the aforementioned AM-H0505A, AM-H0280XU, and AP-HF226A cartridges. 

86. Defendant also is indirectly infringing the ’960 patent at least by virtue of 

its inducement of direct infringement of that patent by customers who use Defendant’s 

toner cartridges in at least the Canon and HP laser beam printers listed above. At the 

very latest, Defendant will be given notice of its infringement of the ’960 patent upon 

being served with this Complaint. On information and belief, Defendant knowingly 

induces customers to use its toner cartridges, including, for example, by promoting its 

cartridges for use in specific printers and/or providing customers with instructions for 

using its cartridges in those printers. 

87. Defendant’s accused toner cartridges infringe one or more claims of the 

’960 patent. The AM-H0505A and AM-H0280XU (Type A) cartridges, for example, 

infringe at least claims 1-7 of the ’960 patent. Attached hereto as Exhibit V, and 

incorporated by reference herein, is a claim chart detailing how a representative Type A 

toner cartridge infringes independent claim 1 of the ’960 patent. 

88. As another example, Defendant’s AP-HF226A (Type B) cartridge, for 

example, infringes at least claims 1-7 of the ’960 patent. Attached hereto as Exhibit W, 

and incorporated by reference herein, is a claim chart detailing how a representative Type 

B toner cartridge infringes independent claim 1 of the ’960 patent. 

89. The Court has not yet construed the meaning of any claims or terms in the 

’960 patent. In providing these detailed allegations, Canon does not intend to convey or 

imply any particular claim construction or the precise scope of the claims. Canon’s 

contentions regarding the construction of the claims will be provided in compliance with 

the case schedule, any applicable federal or local procedural rules, and/or any applicable 

orders. 

Case 2:18-cv-00657-SMB Document 1 Filed 02/28/18 Page 19 of 23
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90. Canon contends that each element of each asserted claim is literally present 

in the accused toner cartridges. If as a result of the Court’s constructions or other 

determinations one or more claim elements are not literally present, Canon contends that 

each such element is present under the doctrine of equivalents and reserves its right to 

provide more detailed doctrine of equivalents contentions after discovery, a claim 

construction order from the Court, or at another appropriate time. 

91. Defendant’s acts complained of herein are damaging and will continue to 

cause irreparable injury and damage to Canon for which there is no adequate remedy at 

law. Canon is therefore entitled to preliminary and permanent injunctions restraining and 

enjoining Defendant from infringing the claims of the ’960 patent. 

92. By reason of Defendant’s infringing activities, Canon has suffered, and will 

continue to suffer, substantial damages in an amount to be determined at trial. 

Ninth Cause of Action: Infringement of U.S. Patent No. 9,874,846 

93. Canon repeats and incorporates by reference the allegations of paragraphs 

1-22 above, as though set forth here in their entirety. 

94. Defendant is directly infringing the ’846 patent by selling and/or offering to 

sell within the United States and/or importing into the United States toner cartridges for 

use in at least the Canon and HP laser beam printers listed above, including but not 

limited to the aforementioned AM-H0505A, AM-H0280XU, and AP-HF226A cartridges. 

95. Defendant also is indirectly infringing the ’846 patent at least by virtue of 

its inducement of direct infringement of that patent by customers who use Defendant’s 

toner cartridges in at least the Canon and HP laser beam printers listed above. At the 

very latest, Defendant will be given notice of its infringement of the ’846 patent upon 

being served with this Complaint. On information and belief, Defendant knowingly 

induces customers to use its toner cartridges, including, for example, by promoting its 

Case 2:18-cv-00657-SMB Document 1 Filed 02/28/18 Page 20 of 23
 21 

cartridges for use in specific printers and/or providing customers with instructions for 

using its cartridges in those printers. 

96. Defendant’s accused toner cartridges (including the drum units contained 

therein) infringe one or more claims of the ’846 patent. The AM-H0505A and 

AM-H0280XU (Type A) cartridges, for example, infringe at least claims 1-3 of the ’846 

patent. Attached hereto as Exhibit X, and incorporated by reference herein, is a claim 

chart detailing how a representative Type A toner cartridge infringes independent claim 1 

of the ’846 patent. 

97. As another example, Defendant’s AP-HF226A (Type B) cartridge, for 

example, infringes at least claims 1-3 of the ’846 patent. Attached hereto as Exhibit Y, 

and incorporated by reference herein, is a claim chart detailing how a representative Type 

B toner cartridge infringes independent claim 1 of the ’846 patent. 

98. The Court has not yet construed the meaning of any claims or terms in the 

’846 patent. In providing these detailed allegations, Canon does not intend to convey or 

imply any particular claim construction or the precise scope of the claims. Canon’s 

contentions regarding the construction of the claims will be provided in compliance with 

the case schedule, any applicable federal or local procedural rules, and/or any applicable 

orders. 

99. Canon contends that each element of each asserted claim is literally present 

in the accused toner cartridges. If as a result of the Court’s constructions or other 

determinations one or more claim elements are not literally present, Canon contends that 

each such element is present under the doctrine of equivalents and reserves its right to 

provide more detailed doctrine of equivalents contentions after discovery, a claim 

construction order from the Court, or at another appropriate time. 

100. Defendant’s acts complained of herein are damaging and will continue to 

cause irreparable injury and damage to Canon for which there is no adequate remedy at 

Case 2:18-cv-00657-SMB Document 1 Filed 02/28/18 Page 21 of 23
 22 

law. Canon is therefore entitled to preliminary and permanent injunctions restraining and 

enjoining Defendant from infringing the claims of the ’846 patent. 

101. By reason of Defendant’s infringing activities, Canon has suffered, and will 

continue to suffer, substantial damages in an amount to be determined at trial. 

Prayer for Relief 

 WHEREFORE, Canon prays for judgment and relief as follows: 

 A. That Defendant has infringed the Asserted Patents; 

 B. That Defendant and its subsidiaries, affiliates, officers, directors, agents, 

servants, employees, successors, and assigns, and all other persons and organizations in 

active concert or participation with them, be preliminarily and permanently enjoined from 

further acts of infringement of the Asserted Patents pursuant to 35 U.S.C. § 283; 

 C. That Defendant be ordered to pay damages adequate to compensate Canon 

for Defendant’s infringement of the Asserted Patents pursuant to 35 U.S.C. § 284, 

including lost profits and/or a reasonable royalty, together with interest thereon; 

 D. That Defendant be ordered to pay all of Canon’s costs associated with this 

action; and 

 E. That Canon be granted such other and additional relief as the Court deems 

equitable, just, and proper. 

Jury Demand 

 Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Canon demands a 

jury trial on all issues so triable.

Case 2:18-cv-00657-SMB Document 1 Filed 02/28/18 Page 22 of 23
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Dated: February 28, 2018 s/Sean D. Garrison/ 

Sean D. Garrison (Arizona Bar ID 014436) 

BACAL & GARRISON LAW GROUP 

6991 East Camelback, Suite D-102 

Scottsdale, Arizona 85251 

Tel: (480) 245-6230 

sean.garrison@bacalgroup.com 

Of Counsel: 

Michael P. Sandonato 

Dennis J. McMahon 

Seth E. Boeshore 

Andrew J. Kutas 

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 

akutas@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. 

FCHS_WS 14111340v1.doc 

Case 2:18-cv-00657-SMB Document 1 Filed 02/28/18 Page 23 of 23