Case 1:14-cv-00537-DLC Document 17 Filed 04/03/14 Page 1 of 26
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF NEW YORK
`
`CANON INC.,
`
`Plaintiff,
`
`v.
`
`ASTER GRAPHICS, INC.; JIANGXI
`YIBO E-TECH CO., LTD.; and ASTER
`GRAPHICS CO., LTD.,
`
`Defendants.
`
`Case No.: 1:14-cv-00537-DLC
`
`JURY TRIAL DEMANDED
`
`AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Canon Inc. (“Plaintiff” or “Canon”), for its Amended Complaint against
`
`Defendants Aster Graphics, Inc., Jiangxi Yibo E-tech Co., Ltd., and Aster Graphics Co., Ltd.
`
`(collectively, “Defendants” or “Aster”), hereby alleges as follows:
`
`Related Actions
`
`1.
`
`This is one of eleven related actions that Canon filed in this Court on January 29,
`
`2014. The other actions, in which Canon alleges that different defendants infringe one or more
`
`of the same patents asserted herein, are as follows: Canon Inc. v. Print-Rite N.A., Inc. et al.
`
`(1:14-cv-00540-DLC); Canon Inc. v. Provantage, LLC (1:14-cv-00541-DLC); Canon Inc. v.
`
`Acecom, Inc. – San Antonio (1:14-cv-00542-DLC); Canon Inc. v. Green Project, Inc. (1:14-cv-
`
`00543-DLC); Canon Inc. v. Linkyo Corp. (1:14-cv-00547-DLC); Canon Inc. v. Wazana Brothers
`
`International, Inc. (1:14-cv-00551-DLC); Canon Inc. v. Ink Technologies Printer Supplies, LLC
`
`(1:14-cv-00554-DLC); Canon Inc. v. The Supplies Guys, LLC et al. (1:14-cv-00555-DLC);
`
`

`

`Case 1:14-cv-00537-DLC Document 17 Filed 04/03/14 Page 2 of 26
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`Canon Inc. v. International Laser Group, Inc. (1:14-cv-00558-DLC); and Canon Inc. v.
`
`OnlineTechStores.com, Inc. (1:14-cv-00562-DLC).
`
`The Parties
`
`2.
`
`Canon is a corporation duly organized and existing under the laws of Japan. Its
`
`principal place of business is located at 30-2, Shimomaruko 3-chome, Ohta-ku, Tokyo 146-8501,
`
`Japan. Canon’s wholly-owned domestic subsidiary, Canon U.S.A., Inc., maintains its principal
`
`place of business in Melville, New York.
`
`3.
`
`On information and belief, Aster Graphics, Inc. is a corporation organized and
`
`existing under the laws of the State of California, with its principal place of business located at
`
`540 S. Melrose Street, Placentia, California 92870. On information and belief, Aster Graphics,
`
`Inc. conducts activities via the Internet at least as www.aster-usa.com.
`
`4.
`
`On information and belief, Jiangxi Yibo E-tech Co., Ltd. is a corporation
`
`organized and existing under the laws of China, with its principal place of business located at
`
`No. 756 Feiyu Avenue, Xinyu Hi-Tech Industry Development Area, Xinyu City, Jiangxi,
`
`338004, China. On information and belief, Jiangxi Yibo E-tech Co., Ltd. manufactures the toner
`
`cartridges accused of infringement in this action.
`
`5.
`
`On information and belief, Aster Graphics, Inc. and Jiangxi Yibo E-tech Co., Ltd.
`
`are subsidiaries of Aster Graphics Co., Ltd., a corporation organized and existing under the laws
`
`of China, with its principal place of business located at No. A22-23, Bld. D1, Phase VIII, New
`
`Town, Agile Garden, Sanxiang, Zhongshan, Guangdong, 528463, China. On information and
`
`belief, Aster Graphics Co., Ltd. conducts activities via the Internet at least as www.goaster.com,
`
`and is the owner of the domain names aster-usa.com and goaster.com.
`
`-2-
`
`

`

`Case 1:14-cv-00537-DLC Document 17 Filed 04/03/14 Page 3 of 26
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`6.
`
`On information and belief, Aster Graphics, Inc., Jiangxi Yibo E-tech Co., Ltd.,
`
`and Aster Graphics Co., Ltd. are all under common direction and control and are all part of the
`
`“Aster Group.”
`
`Jurisdiction and Venue
`
`7.
`
`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).
`
`8.
`
`This Court has personal jurisdiction over Defendants under at least N.Y.
`
`C.P.L.R. § 302(a)(1)-(2) in that each Defendant has, directly or through intermediaries,
`
`committed acts within New York giving rise to this action and/or has established minimum
`
`contacts with New York such that the exercise of jurisdiction would not offend traditional
`
`notions of fair play and substantial justice.
`
`9.
`
`Venue is proper under 28 U.S.C. §§ 1391(b) and (c).
`
`Canon’s Patents-in-Suit
`
`10.
`
`On March 13, 2012, United States Patent No. 8,135,304 (“the ’304 patent”), titled
`
`“Process Cartridge Having Regulating Portions and an Inclineable Coupling Member,” duly and
`
`legally issued to Canon as assignee of the inventors, Daisuke Abe and Masanari Morioka. A true
`
`copy of the ’304 patent is attached hereto as Exhibit 1.
`
`11.
`
`On October 2, 2012, United States Patent No. 8,280,278 (“the ’278 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, Masanari Morioka, and Masato Hisano. A true copy of the
`
`’278 patent is attached hereto as Exhibit 2.
`
`-3-
`
`

`

`Case 1:14-cv-00537-DLC Document 17 Filed 04/03/14 Page 4 of 26
`
`12.
`
`On February 5, 2013, United States Patent No. 8,369,744 (“the ’744 patent”),
`
`titled “Process Cartridge Including a Photosensitive Drum for an Electrophotographic Image
`
`Forming Apparatus,” duly and legally issued to Canon as assignee of the inventors, Naoya
`
`Asanuma, Masanari Morioka, Ryosuke Nakazawa, Teruhiko Sasaki, and Masato Hisano. A true
`
`copy of the ’744 patent is attached hereto as Exhibit 3.
`
`13.
`
`On October 22, 2013, United States Patent No. 8,565,640 (“the ’640 patent”),
`
`titled “Dismounting and Mounting Methods for Coupling and Electrophotographic
`
`Photosensitive Drum Unit,” duly and legally issued to Canon as assignee of the inventors,
`
`Yoshiyuki Batori and Nobuyoshi Hara. A true copy of the ’640 patent is attached hereto as
`
`Exhibit 4.
`
`14.
`
`On January 14, 2014, United States Patent No. 8,630,564 (“the ’564 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, Masanari Morioka, and Masato Hisano. A true
`
`copy of the ’564 patent is attached hereto as Exhibit 5.
`
`15.
`
`On March 18, 2014, United States Patent No. 8,676,085 (“the ’085 patent”), titled
`
`“Dismounting and Mounting Methods for Coupling and Electrophotographic Photosensitive
`
`Drum Unit,” duly and legally issued to Canon as assignee of the inventors, Yoshiyuki Batori and
`
`Nobuyoshi Hara. A true copy of the ’085 patent is attached hereto as Exhibit 6.
`
`16.
`
`On March 18, 2014, United States Patent No. 8,676,090 (“the ’090 patent”),
`
`titled “Rotational Force Transmitting Part,” duly and legally issued to Canon as assignee of the
`
`inventors, Takahito Ueno, Shigeo Miyabe, Masanari Morioka, and Masato Hisano. A true copy
`
`of the ’090 patent is attached hereto as Exhibit 7.
`
`-4-
`
`

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`Case 1:14-cv-00537-DLC Document 17 Filed 04/03/14 Page 5 of 26
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`17.
`
`On March 25, 2014, United States Patent No. 8,682,215, 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, Masanari Morioka, and Masato Hisano. A true copy of the ’215 patent is attached
`
`hereto as Exhibit 8.
`
`18.
`
`On April 1, 2014, United States Patent No. 8,688,008, titled “Electrophotographic
`
`Image Forming Apparatus, Developing Apparatus, and Coupling Member,” duly and legally
`
`issued to Canon as assignee of the inventors, Masanori Morioka, Shigeo Miyabe, and Takahito
`
`Ueno. A true copy of the ’008 patent is attached hereto as Exhibit 9.
`
`19.
`
`On April 30, 2013, United States Patent No. 8,433,219 (“the ’219 patent”), titled
`
`“Cartridge, Mounting Method for Coupling Member, and Disassembling Method for Coupling
`
`Member,” duly and legally issued to Canon as assignee of the inventors, Shigeo Miyabe,
`
`Takahito Ueno, and Atsushi Takasaka. A true copy of the ’219 patent is attached hereto as
`
`Exhibit 10.
`
`20.
`
`On May 7, 2013, United States Patent No. 8,437,669 (“the ’669 patent”), titled
`
`“Electrophotographic Image Forming Apparatus, Developing Apparatus, and Coupling
`
`Member,” duly and legally issued to Canon as assignee of the inventors, Masanori Morioka,
`
`Shigeo Miyabe, and Takahito Ueno. A true copy of the ’669 patent is attached hereto as
`
`Exhibit 11.
`
`21.
`
`On July 23, 2013, United States Patent No. 8,494,411 (“the ’411 patent”), titled
`
`“Cartridge, Mounting Method for Coupling Member, and Disassembling Method for Coupling
`
`Member,” duly and legally issued to Canon as assignee of the inventors, Shigeo Miyabe,
`
`-5-
`
`

`

`Case 1:14-cv-00537-DLC Document 17 Filed 04/03/14 Page 6 of 26
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`Takahito Ueno, and Atsushi Takasaka. A true copy of the ’411 patent is attached hereto as
`
`Exhibit 12.
`
`Defendants’ Infringing Activities
`
`22.
`
`On information and belief, Defendants are 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 Hewlett-Packard (“HP”)
`
`monochrome laser beam printers, including but not limited to the printers listed in the table
`
`below, which toner cartridges and/or components contained therein (e.g., drum units) are covered
`
`by one or more claims of each of the ’304, ’278, ’744, ’640, ’564, ’085, ’090, ’215, and ’008
`
`patents.
`
`Compatible
`Canon/HP Cartridges
`Canon Cartridge 119/119 II
`
`Canon Cartridge 120
`
`Canon Cartridge 324 II
`Canon GPR-40
`Canon GPR-41
`
`HP CE255A/X
`
`Canon/HP Monochrome
`Laser Beam Printers
`Canon imageCLASS LBP6300dn, LBP6650dn,
`LBP6670dn, MF5850dn, MF5880dn,
`MF5950dw, MF5960dn, MF6160dw, and
`MF6180dw
`Canon imageCLASS D1120, D1150, D1170,
`D1180, D1320, D1350, and D1370
`Canon imageCLASS LBP6780dn
`Canon imageRUNNER LBP3560 and LBP3580
`Canon imageRUNNER LBP3470 and LBP3480
`Canon LASER CLASS 650i
`HP LaserJet Enterprise P3015d, P3015dn, P3015n,
`and P3015x
`HP LaserJet Enterprise 500 MFP M525f and
`M525dn
`HP LaserJet Enterprise flow MFP M525c
`HP LaserJet Pro M521dn Multifunction Printer
`HP LaserJet P3010
`
`-6-
`
`

`

`Case 1:14-cv-00537-DLC Document 17 Filed 04/03/14 Page 7 of 26
`
`Canon/HP Monochrome
`Laser Beam Printers
`HP LaserJet P2035, P2055d, P2055dn, P2033,
`P2034, P2036, P2037, P2033n, P2034n,
`P2035n, P2036n, P2037n, P2053d,
`P2053dn, P2053x, P2054d, P2054dn,
`P2054x, P2055, P2055x, P2056d,
`P2056dn, P2056x, P2057d, P2057dn,
`P2057x
`HP LaserJet P2055d, P2055dn, P2053d, P2053dn,
`P2053x, P2054d, P2054dn, P2054x,
`P2055, P2055x, P2056d, P2056dn,
`P2056x, P2057d, P2057dn, P2057x
`HP LaserJet Pro 400 M401dn, M401dne,
`M401dw, M401n, and MFP M425dn
`
`Compatible
`Canon/HP Cartridges
`HP CE505A
`
`HP CE505X
`
`HP CF280A/X
`
`23.
`
`Non-limiting examples of infringing monochrome toner cartridges sold by
`
`Defendants are the AC-C0119XC, AC-H0255AC, AC-H0280AC, AC-H0505AC, CE505A-C,
`
`PT119HY, PT120, PTCE255A, PTCF280A, and VTCE505A, at least some of which, on
`
`information and belief, have been sold within this judicial district at least through third-party
`
`websites such as www.provantage.com, www.suppliesguys.com, and www.suppliesoutlet.com.
`
`24.
`
`On information and belief, Defendants also are 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 HP color laser beam printers, including but
`
`not limited to the printers listed in the table below, which toner cartridges are covered by one or
`
`more claims of each of the ’008, ’219, ’669, and ’411 patents.
`
`HP Color Laser Beam Printers
`HP LaserJet Pro 100 MFP M175nw
`
`HP LaserJet Pro CP 1025nw
`
`Compatible HP Cartridges
`HP CE310A (K)
`HP CE311A (C)
`HP CE312A (Y)
`HP CE313A (M)
`
`-7-
`
`

`

`Case 1:14-cv-00537-DLC Document 17 Filed 04/03/14 Page 8 of 26
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`25.
`
`Non-limiting examples of infringing color toner cartridges sold by Defendants are
`
`the AC-H0310K, AC-H0311C, AC-H0312Y, AC-H0313M, CHCE310A, CHCE311A,
`
`CHCE312A, and CHCE313A, which, on information and belief, have been sold within this
`
`judicial district at least through third-party websites such as www.suppliesguys.com and
`
`www.suppliesoutlet.com.
`
`26.
`
`On information and belief, Defendants purposefully direct sales and offers for sale
`
`of their toner cartridges, including those specifically identified above, toward the state of New
`
`York, including this district, as shown, for example, by the “Aster Ground Shipping Map” found
`
`at Defendants’ website, specifically http://aster-usa.com/view/service/shipping.jsp, reproduced
`
`below.
`
`27.
`
`On information and belief, Defendant Jiangxi Yibo E-tech Co., Ltd. manufactures
`
`toner cartridges, including those specifically identified above, and sells and/or provides at least
`
`some of them to Defendant Aster Graphics Co., Ltd., knowing that Aster Graphics Co., Ltd. sells
`
`-8-
`
`

`

`Case 1:14-cv-00537-DLC Document 17 Filed 04/03/14 Page 9 of 26
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`and/or provides at least some of such toner cartridges to Defendant Aster Graphics, Inc. for sales
`
`directed toward the state of New York, including this district.
`
`28.
`
`On information and belief, Defendants maintain established distribution channels
`
`among China, Hong Kong, and the United States and within the United States that permit
`
`Defendants to ship toner cartridges, including those specifically identified above, to the state of
`
`New York, including this district.
`
`First Cause of Action: Infringement of U.S. Patent No. 8,135,304
`
`29.
`
`Canon repeats and incorporates by reference each and every allegation of
`
`paragraphs 1 through 28 of this Amended Complaint, as though set forth here in their entirety.
`
`30.
`
`Canon is the sole owner of the entire right, title, and interest in and to the ’304
`
`patent, including the right to sue and recover for any and all infringements thereof.
`
`31.
`
`Defendants are directly infringing the ’304 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 monochrome laser beam printers listed above, including but not limited
`
`to the aforementioned AC-C0119XC, AC-H0255AC, AC-H0280AC, AC-H0505AC, CE505A-
`
`C, PT119HY, PT120, PTCE255A, PTCF280A, and VTCE505A cartridges.
`
`32.
`
`Defendants also are indirectly infringing the ’304 patent at least by virtue of their
`
`inducement of direct infringement of the ’304 patent by customers who use Defendants’ toner
`
`cartridges in at least the Canon and HP monochrome laser beam printers listed above. At the
`
`very latest, Defendants were given notice of their infringement of the ’304 patent upon receiving
`
`a copy of the original Complaint in this matter, which was sent to each of Defendants on
`
`February 3, 2014, and, on information and belief, was received by Aster Graphics, Inc. on
`
`February 4, 2014, and Jiangxi Yibo E-tech Co., Ltd. on February 10, 2014. On information and
`
`-9-
`
`

`

`Case 1:14-cv-00537-DLC Document 17 Filed 04/03/14 Page 10 of 26
`
`belief, Aster Graphics Co., Ltd. has refused to accept delivery of the original Complaint that
`
`Canon sent on February 3, 2014, but has received a copy of it through its subsidiaries and/or
`
`attorneys. On information and belief, Defendants knowingly induce customers to use their toner
`
`cartridges, including, for example, by promoting their cartridges for use in specific printers
`
`and/or providing customers with instructions for using their cartridges in those printers.
`
`33.
`
`By reason of Defendants’ infringing activities, Canon has suffered, and will
`
`continue to suffer, substantial damages in an amount to be determined at trial.
`
`34.
`
`Defendants’ acts complained of herein are damaging and will continue to damage
`
`Canon irreparably. Canon has no adequate remedy at law for these wrongs and injuries. Canon
`
`is therefore entitled to preliminary and permanent injunctions restraining and enjoining
`
`Defendants from infringing the claims of the ’304 patent.
`
`Second Cause of Action: Infringement of U.S. Patent No. 8,280,278
`
`35.
`
`Canon repeats and incorporates by reference each and every allegation of
`
`paragraphs 1 through 34 of this Amended Complaint, as though set forth here in their entirety.
`
`36.
`
`Canon is the sole owner of the entire right, title, and interest in and to the ’278
`
`patent, including the right to sue and recover for any and all infringements thereof.
`
`37.
`
`Defendants are directly infringing the ’278 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 monochrome laser beam printers listed above, including but not limited
`
`to the aforementioned AC-C0119XC, AC-H0255AC, AC-H0280AC, AC-H0505AC, CE505A-
`
`C, PT119HY, PT120, PTCE255A, PTCF280A, and VTCE505A cartridges.
`
`38.
`
`Defendants also are indirectly infringing the ’278 patent at least by virtue of their
`
`inducement of direct infringement of the ’278 patent by customers who use Defendants’ toner
`
`-10-
`
`

`

`Case 1:14-cv-00537-DLC Document 17 Filed 04/03/14 Page 11 of 26
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`cartridges in at least the Canon and HP monochrome laser beam printers listed above. At the
`
`very latest, Defendants were given notice of their infringement of the ’278 patent upon receiving
`
`a copy of the original Complaint in this matter, which was sent to each of Defendants on
`
`February 3, 2014, and, on information and belief, was received by Aster Graphics, Inc. on
`
`February 4, 2014, and Jiangxi Yibo E-tech Co., Ltd. on February 10, 2014. On information and
`
`belief, Aster Graphics Co., Ltd. has refused to accept delivery of the original Complaint that
`
`Canon sent on February 3, 2014, but has received a copy of it through its subsidiaries and/or
`
`attorneys. On information and belief, Defendants knowingly induce customers to use their toner
`
`cartridges, including, for example, by promoting their cartridges for use in specific printers
`
`and/or providing customers with instructions for using their cartridges in those printers.
`
`39.
`
`By reason of Defendants’ infringing activities, Canon has suffered, and will
`
`continue to suffer, substantial damages in an amount to be determined at trial.
`
`40.
`
`Defendants’ acts complained of herein are damaging and will continue to damage
`
`Canon irreparably. Canon has no adequate remedy at law for these wrongs and injuries. Canon
`
`is therefore entitled to preliminary and permanent injunctions restraining and enjoining
`
`Defendants from infringing the claims of the ’278 patent.
`
`Third Cause of Action: Infringement of U.S. Patent No. 8,369,744
`
`41.
`
`Canon repeats and incorporates by reference each and every allegation of
`
`paragraphs 1 through 40 of this Amended Complaint, as though set forth here in their entirety.
`
`42.
`
`Canon is the sole owner of the entire right, title, and interest in and to the ’744
`
`patent, including the right to sue and recover for any and all infringements thereof.
`
`43.
`
`Defendants are directly infringing the ’744 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
`
`-11-
`
`

`

`Case 1:14-cv-00537-DLC Document 17 Filed 04/03/14 Page 12 of 26
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`least the Canon and HP monochrome laser beam printers listed above, including but not limited
`
`to the aforementioned AC-C0119XC, AC-H0255AC, AC-H0280AC, AC-H0505AC, CE505A-
`
`C, PT119HY, PT120, PTCE255A, PTCF280A, and VTCE505A cartridges.
`
`44.
`
`Defendants also are indirectly infringing the ’744 patent at least by virtue of their
`
`inducement of direct infringement of the ’744 patent by customers who use Defendants’ toner
`
`cartridges in at least the Canon and HP monochrome laser beam printers listed above. At the
`
`very latest, Defendants were given notice of their infringement of the ’744 patent upon receiving
`
`a copy of the original Complaint in this matter, which was sent to each of Defendants on
`
`February 3, 2014, and, on information and belief, was received by Aster Graphics, Inc. on
`
`February 4, 2014, and Jiangxi Yibo E-tech Co., Ltd. on February 10, 2014. On information and
`
`belief, Aster Graphics Co., Ltd. has refused to accept delivery of the original Complaint that
`
`Canon sent on February 3, 2014, but has received a copy of it through its subsidiaries and/or
`
`attorneys. On information and belief, Defendants knowingly induce customers to use their toner
`
`cartridges, including, for example, by promoting their cartridges for use in specific printers
`
`and/or providing customers with instructions for using their cartridges in those printers.
`
`45.
`
`By reason of Defendants’ infringing activities, Canon has suffered, and will
`
`continue to suffer, substantial damages in an amount to be determined at trial.
`
`46.
`
`Defendants’ acts complained of herein are damaging and will continue to damage
`
`Canon irreparably. Canon has no adequate remedy at law for these wrongs and injuries. Canon
`
`is therefore entitled to preliminary and permanent injunctions restraining and enjoining
`
`Defendants from infringing the claims of the ’744 patent.
`
`-12-
`
`

`

`Case 1:14-cv-00537-DLC Document 17 Filed 04/03/14 Page 13 of 26
`
`Fourth Cause of Action: Infringement of U.S. Patent No. 8,565,640
`
`47.
`
`Canon repeats and incorporates by reference each and every allegation of
`
`paragraphs 1 through 46 of this Amended Complaint, as though set forth here in their entirety.
`
`48.
`
`Canon is the sole owner of the entire right, title, and interest in and to the ’640
`
`patent, including the right to sue and recover for any and all infringements thereof.
`
`49.
`
`Defendants are directly infringing the ’640 patent by selling and/or offering to sell
`
`within the United States and/or importing into the United States toner cartridges and the drum
`
`units contained therein for use in at least the Canon and HP monochrome laser beam printers
`
`listed above, including but not limited to the aforementioned AC-C0119XC, AC-H0255AC, AC-
`
`H0280AC, AC-H0505AC, CE505A-C, PT119HY, PT120, PTCE255A, PTCF280A, and
`
`VTCE505A cartridges.
`
`50.
`
`Defendants also are indirectly infringing the ’640 patent at least by virtue of their
`
`inducement of direct infringement of the ’640 patent by customers who use Defendants’ toner
`
`cartridges in at least the Canon and HP monochrome laser beam printers listed above. At the
`
`very latest, Defendants were given notice of their infringement of the ’640 patent upon receiving
`
`a copy of the original Complaint in this matter, which was sent to each of Defendants on
`
`February 3, 2014, and, on information and belief, was received by Aster Graphics, Inc. on
`
`February 4, 2014, and Jiangxi Yibo E-tech Co., Ltd. on February 10, 2014. On information and
`
`belief, Aster Graphics Co., Ltd. has refused to accept delivery of the original Complaint that
`
`Canon sent on February 3, 2014, but has received a copy of it through its subsidiaries and/or
`
`attorneys. On information and belief, Defendants knowingly induce customers to use their toner
`
`cartridges, including, for example, by promoting their cartridges for use in specific printers
`
`and/or providing customers with instructions for using their cartridges in those printers.
`
`-13-
`
`

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`Case 1:14-cv-00537-DLC Document 17 Filed 04/03/14 Page 14 of 26
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`51.
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`By reason of Defendants’ infringing activities, Canon has suffered, and will
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`continue to suffer, substantial damages in an amount to be determined at trial.
`
`52.
`
`Defendants’ acts complained of herein are damaging and will continue to damage
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`Canon irreparably. Canon has no adequate remedy at law for these wrongs and injuries. Canon
`
`is therefore entitled to preliminary and permanent injunctions restraining and enjoining
`
`Defendants from infringing the claims of the ’640 patent.
`
`Fifth Cause of Action: Infringement of U.S. Patent No. 8,630,564
`
`53.
`
`Canon repeats and incorporates by reference each and every allegation of
`
`paragraphs 1 through 52 of this Amended Complaint, as though set forth here in their entirety.
`
`54.
`
`Canon is the sole owner of the entire right, title, and interest in and to the ’564
`
`patent, including the right to sue and recover for any and all infringements thereof.
`
`55.
`
`Defendants are directly infringing the ’564 patent by selling and/or offering to sell
`
`within the United States and/or importing into the United States toner cartridges and the drum
`
`units contained therein for use in at least the Canon and HP monochrome laser beam printers
`
`listed above, including but not limited to the aforementioned AC-C0119XC, AC-H0255AC, AC-
`
`H0280AC, AC-H0505AC, CE505A-C, PT119HY, PT120, PTCE255A, PTCF280A, and
`
`VTCE505A cartridges.
`
`56.
`
`Defendants also are indirectly infringing the ’564 patent at least by virtue of their
`
`inducement of direct infringement of the ’564 patent by customers who use Defendants’ toner
`
`cartridges in at least the Canon and HP monochrome laser beam printers listed above. At the
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`very latest, Defendants were given notice of their infringement of the ’564 patent upon receiving
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`a copy of the original Complaint in this matter, which was sent to each of Defendants on
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`February 3, 2014, and, on information and belief, was received by Aster Graphics, Inc. on
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`Case 1:14-cv-00537-DLC Document 17 Filed 04/03/14 Page 15 of 26
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`February 4, 2014, and Jiangxi Yibo E-tech Co., Ltd. on February 10, 2014. On information and
`
`belief, Aster Graphics Co., Ltd. has refused to accept delivery of the original Complaint that
`
`Canon sent on February 3, 2014, but has received a copy of it through its subsidiaries and/or
`
`attorneys. On information and belief, Defendants knowingly induce customers to use their toner
`
`cartridges, including, for example, by promoting their cartridges for use in specific printers
`
`and/or providing customers with instructions for using their cartridges in those printers.
`
`57.
`
`By reason of Defendants’ infringing activities, Canon has suffered, and will
`
`continue to suffer, substantial damages in an amount to be determined at trial.
`
`58.
`
`Defendants’ acts complained of herein are damaging and will continue to damage
`
`Canon irreparably. Canon has no adequate remedy at law for these wrongs and injuries. Canon
`
`is therefore entitled to preliminary and permanent injunctions restraining and enjoining
`
`Defendants from infringing the claims of the ’564 patent.
`
`Sixth Cause of Action: Infringement of U.S. Patent No. 8,676,085
`
`59.
`
`Canon repeats and incorporates by reference each and every allegation of
`
`paragraphs 1 through 58 of this Amended Complaint, as though set forth here in their entirety.
`
`60.
`
`Canon is the sole owner of the entire right, title, and interest in and to the ’085
`
`patent, including the right to sue and recover for any and all infringements thereof.
`
`61.
`
`Defendants are directly infringing the ’085 patent by selling and/or offering to sell
`
`within the United States and/or importing into the United States toner cartridges and the drum
`
`units contained therein for use in at least the Canon and HP monochrome laser beam printers
`
`listed above, including but not limited to the aforementioned AC-C0119XC, AC-H0255AC, AC-
`
`H0280AC, AC-H0505AC, CE505A-C, PT119HY, PT120, PTCE255A, PTCF280A, and
`
`VTCE505A cartridges.
`
`-15-
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`Case 1:14-cv-00537-DLC Document 17 Filed 04/03/14 Page 16 of 26
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`62.
`
`Defendants also are indirectly infringing the ’085 patent at least by virtue of their
`
`inducement of direct infringement of the ’085 patent by customers who use Defendants’ toner
`
`cartridges in at least the Canon and HP monochrome laser beam printers listed above. At the
`
`very latest, Defendants will be given notice of their infringement of the ’085 patent upon
`
`receiving a copy of this Amended Complaint, which is being served on Defendants concurrently
`
`with the filing hereof. On information and belief, Defendants knowingly induce customers to
`
`use their toner cartridges, including, for example, by promoting their cartridges for use in
`
`specific printers and/or providing customers with instructions for using their cartridges in those
`
`printers.
`
`63.
`
`By reason of Defendants’ infringing activities, Canon has suffered, and will
`
`continue to suffer, substantial damages in an amount to be determined at trial.
`
`64.
`
`Defendants’ acts complained of herein are damaging and will continue to damage
`
`Canon irreparably. Canon has no adequate remedy at law for these wrongs and injuries. Canon
`
`is therefore entitled to preliminary and permanent injunctions restraining and enjoining
`
`Defendants from infringing the claims of the ’085 patent.
`
`Seventh Cause of Action: Infringement of U.S. Patent No. 8,676,090
`
`65.
`
`Canon repeats and incorporates by reference each and every allegation of
`
`paragraphs 1 through 64 of this Amended Complaint, as though set forth here in their entirety.
`
`66.
`
`Canon is the sole owner of the entire right, title, and interest in and to the ’090
`
`patent, including the right to sue and recover for any and all infringements thereof.
`
`67.
`
`Defendants are directly infringing the ’090 patent by selling and/or offering to sell
`
`within the United States and/or importing into the United States toner cartridges and the drum
`
`units contained therein for use in at least the Canon and HP monochrome laser beam printers
`
`-16-
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`Case 1:14-cv-00537-DLC Document 17 Filed 04/03/14 Page 17 of 26
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`listed above, including but not limited to the aforementioned AC-C0119XC, AC-H0255AC, AC-
`
`H0280AC, AC-H0505AC, CE505A-C, PT119HY, PT120, PTCE255A, PTCF280A, and
`
`VTCE505A cartridges.
`
`68.
`
`Defendants also are indirectly infringing the ’090 patent at least by virtue of their
`
`inducement of direct infringement of the ’090 patent by customers who use Defendants’ toner
`
`cartridges in at least the Canon and HP monochrome laser beam printers listed above. At the
`
`very latest, Defendants will be given notice of their infringement of the ’090 patent upon
`
`receiving a copy of this Amended Complaint, which is being served on Defendants concurrently
`
`with the filing hereof. On information and belief, Defendants knowingly induce customers to
`
`use their toner cartridges, including, for example, by promoting their cartridges for use in
`
`specific printers and/or providing customers with instructions for using their cartridges in those
`
`printers.
`
`69.
`
`By reason of Defendants’ infringing activities, Canon has suffered, and will
`
`continue to suffer, substantial damages in an amount to be determined at trial.
`
`70.
`
`Defendants’ acts complained of herein are damaging and will continue to damage
`
`Canon irreparably. Canon has no adequate remedy at law for these wrongs and injuries. Canon
`
`is therefore entitled to preliminary and permanent injunctions restraining and enjoining
`
`Defendants from infringing the claims of the ’090 patent.
`
`Eighth Cause of Action: Infringement of U.S. Patent No. 8,682,215
`
`71.
`
`Canon repeats and incorporates by reference each and every allegation of
`
`paragraphs 1 through 70 of this Amended Complaint, as though set forth here in their entirety.
`
`72.
`
`Canon is the sole owner of the entire right, title, and interest in and to the ’215
`
`patent, including the right to sue and recover for any and all infringements thereof.
`
`-17-
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`

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`Case 1:14-cv-00537-DLC Document 17 Filed 04/03/14 Page 18 of 26
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`73.
`
`Defendants are directly infringing the ’215 patent by selling and/or offering to sell
`
`within the United States and/or importing into the United States toner cartridges and the drum
`
`units contained therein for use in at least the Canon and HP monochrome laser beam printers
`
`listed above, including but not limited to the aforementioned AC-C0119XC, AC-H0255AC, AC-
`
`H0280AC, AC-H0505AC, CE505A-C, PT119HY, PT120, PTCE255A, PTCF280A, and
`
`VTCE505A cartridges.
`
`74.
`
`Defendants also are indirectly infringing the ’215 patent at least by virtue of their
`
`inducement of direct infringement of the ’215 patent by customers who use Defendants’ toner
`
`cartridges in at least the Canon and HP monochrome laser beam printers listed above. At the
`
`very latest, Defendants will be given notice of their infringement of the ’215 patent upon
`
`receiving a copy of this Amended Complaint, which is being served on Defendants concurrently
`
`with the filing hereof. On information and belief, Defendants knowingly induce customers to
`
`use their toner cartridges, including, for example, by promoting their cartridges for use in
`
`specific printers and/or providing customers with instructions for using their cartridges in those
`
`printers.
`
`75.
`
`By reason of Defendants’ infringing activities, Canon has suffered, and will
`
`continue to suffer, substantial damages in an amount to be determined at trial.
`
`76.
`
`Defendants’ acts complained of herein are damaging and will continue to damage
`
`Canon irreparably. Canon