Brother Industries Files DJ Action Six Months After ITC Win

December 5, 2020

Brother Industries (5:20-cv-02464) has filed suit against LINKYO, asking the Central District of California for a declaratory judgment of noninfringement of a single patent generally related to a developer cartridge with a “counting mechanism”. The complaint attaches correspondence sent first to Amazon and then forwarded to Brother, alleging infringement, with claim charts, through the US sale of certain Brother printer cartridges. The new litigation follows the March 2020 entry of a consent order that ended an investigation before the International Trade Commission (ITC), as to LINKYO, triggered by a complaint filed by Brother against 32 respondents over the importation of certain toner cartridges.

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