Tonernews.com’ Take On Why Everyone is Easily Defaulting Vs. Canon’s Toner Investigations.
Assuming everyone has defaulted, the court will issue a notice of default and everyone will be deemed to have infringed the patent and the court will issue a general exclusion order prohibiting importation of infringing product. The ITC cannot award monetary damages so it won’t cost the defendants anything at this point.
Practically speaking it sounds like volumes on these toner bottles were so low that many companies don’t care if they can’t import them anymore. They may try to come up with a design around if the volumes justify it.
Tonernews.com doesn’t recall if Canon also filed this particular cases in federal courts, where monetary damages would be in play, but most of these Canon toner bottle infringers will probably settle those cases for some undisclosed amount that probably won’t be much money based on the low volumes that was counterfeited. At this point Canon is probably regrouping, will probably file new lawsuits soon because sadly the war Vs. China toner cloners is never over.