Wrong: Samsung Did NOT Win lawsuit Vs. European Toner Remanufacturer

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Date: Tuesday February 4, 2014 11:32:45 am
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    Wrong: Samsung Did NOT Win lawsuit Vs. European Toner Remanufacturer.
    by Jim Ladd

    Earlier last week we reported that Samsung had won lawsuits Vs. 3 German Toner Dealers  
    in the Hague tribunal
    , shorty after that we where contacted by Mr Martijn Hallewas Director – owner Of   PrintAbout B.V. in the Netherlands explaining to us and also proving to us that in actuality Samsung  had LOST its initial Ruling in in the Hague tribunal.

    We at Tonernews would like to make everyone aware of the correction that need to be made regarding PrintAbout B.V. in the Netherlands in their lawsuit Vs. Samsung. 
     
    We do not know why such conflicting information was made in the Netherlands?  and thus we have reach out to the writer of this Story, but to date have not heard back from him? 
     
    we will keep our readers informed as information comes in regarding this lawsuit. you can also see the ruling in Dutch language at this link,  also we have translated the information 
    into English for your reading pleasure Below.
     
    thank's for reading Tonernews

     

    JUDGEMENT IN THE HAGUE TRIBUNAL, SAMSUNG Vs. PRINTABOUT B.V.
    team trade Case number / docket number : C/09/455179 / KG ZA 13-1342
    Interim order of January 9, 2014
    in the case of the foreign company SAMSUNG ELECTRONICS CO., LTD. LTD. ,
    located in Suwon – si , Gyeonggi -do , South Korea ,
    plaintiff , Lawyers: Mr. B. J. Berghuis of Woortman and Mr. M. W. ir King of Amsterdam ,
    against the private company with limited liability
    ABOUT PRINT BV , established in Moerkapelle ,
    defendant , Lawyers: mr W.J.G. Maas and Mr. C. de Boer Eindhoven ,
    The parties will be hereinafter referred to as Samsung and Print About.
    1. the procedure
    1.1. The hearing of this case took place simultaneously with the treatment of two other initiated proceedings against Samsung Digital Revolution BV (Case / Docket Number : C/09/455181 / KG ZA 13-1343 ) respectively Maxperian NL BV (Case / Docket Number : C/09/455182 / KG ZA 13-1344 ) . These companies , like Print About, providers of interchangeable cartridges for laser printers . In the three cases are largely the same topics were discussed . The lawyers of the defendants in the various cases – Digital Revolution and Maxperian were assisted by Mr. Th.CJA Angels and Mr. S. M. Jaw , lawyers Utrecht – have referred to each other's arguments . A lawsuit against a fourth provider was withdrawn shortly before the hearing .
    1.2. The course of the present proceedings from :
    – The summons of November 26, 2013 with exhibits 1 to 27 ;
    – Additional productions received on December 5, 2013 28 and 29 on the part of Samsung ;
    – The Act on December 16, 2013 received productions of Print About, with exhibits 1 to 28 ;
    – Received on December 16, 2013 deed of propagation and also change of claim and submission of additional Samsung , with exhibits 30 , 31 and 32;
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    – The e-mail of December 16, 2013 of Mr. Maas , which he on behalf of Print About opposes the eisvermeerdering , the response to this objection by email of December 17, 2013 on the part of Samsung , and the enamel of December 17, 2013 in which the Registrar parties message the judge 's objection Print About considers justified and refuses eisvermeerdering ;
    – The e-mail of December 17, 2013 of Mr. King , in which he makes on behalf of Samsung objected to the submission of the productions 2 t / m 17 and 19 t / m 28 of Print About without an explanation , the response to this objection by e – mail of the same on the part of Print About wherein Print About also announces yet it will submit a " tassel " day and enamel December 17, 2013 in which the Registrar parties notice that the judge 's objection Samsung rejected in view of the announced Print About tassel ;
    – The e-mail of December 17, 2013 of Mr. Maas with a " bookmark " in the documents produced by Print About productions ;
    – The receipt on December 18, 2013 cost estimates from Samsung and Print About ;
    – The hearing held on December 19, 2013 , at which counsel pleadings are presented .
    1.3. Judgment has been determined to date .
    2. the facts
    2.1. Samsung is a global electronics company, which includes printers and supplies for printers, develops , manufactures and markets . The products include Samsung printers with the type designations CLP- 620ND and CLP – 660ND ( hereinafter the CLP printers) and printers with the type designations ML – 1665K , ML -1673 , ML – 1674, ML-1673/DCS , ML – 1865K , 1864K – ML , ML – 1861K , ML-1865L/DCS , ML-1865WK/EXP , SCX – 3210K , SCX- 3205K , SCX-3205/HYP , SCX-3210K/DCS and SCX – 3210WK ( hereinafter: ML and SCX printers ) . Samsung also produces and sells interchangeable cartridges for its printers .
    2.2. Regarding its cartridges Samsung has been registered with the following models :
    – One on January 3, 2008 under No 000853551-0001 registered Community design for ' Cartridges ' ( hereinafter RCD 551 ) ;
    – One on March 8, 2010 under No 001200687-0001 registered Community design for 'Developing devices for printers ' ( hereinafter RCD 687 ) .
    2.3. Samsung is the proprietor of the European patent EP 1975744 ( hereafter: EP 744) for "Developing unit and image forming apparatus having the same " , granted on an application by March 11, 2008 , relying on the priority document KR 20,070,029,973 and the priority date of March 27, 2007 . EP 744 is – including the Netherlands – in effect as of July 24, 2013 .
    2.4. The ( original ) English version of the application in this case invoked by Samsung claims 1 to 12 of EP 744 is as follows .
    1. A developing unit of an image forming apparatus , the developing unit comp rising:
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    a toner housing (150 ) for containing unused toner ;
    a photosensitive medium ( 5 ) ;
    a developing roller ( 4 ) to supply the toner on the photosensitive medium ( 5 ) ;
    a cleaning member (121 ) to clean the photosensitive medium , and
    a waste toner housing (100 ) Which collects waste toner removed by the cleaning member ; Wherein :
    the waste toner housing (100 ) comp rises an upper housing (110 ) and a lower housing (120 ) Which face eachother to form an internal space for collecting the waste toner , and
    the toner housing (150 ) is spaced apart from an external wall of the lower housing of the waste toner housing at a Predetermined distance , Which is a laser beam Disposed So THAT passes through a space between the housing and the toner waste toner housing ;
    Characterized in That
    at least one support unit (200 ) extends inside the internal space and between the upper housing and the lower housing so as to mini- mise deformation of the lower housing , All which minimises interference with a light path of the laser beam .
    2. The developing unit accordion thing to claim 1 , Wherein the support unit (200 ) comp rises a plurality of supports, -including a plurality of support projections (210 ) and a plurality of projection receivers ( 220 ) How are complementarily Disposed on the facing surfaces of the upper ( 110 ) and lower (120 ) housings .
    3. The developing unit accordion thing to claim 2 , Wherein the support projections (210 ) are Disposed on the upper housing , and the projection receivers ( 220 ) are Disposed on the lower housing .
    4. The developing unit accordion thing to claim 3 , Wherein each of the support projections comprises:
    an inserting part (211 ) Which has a cruciform shape , a leading edge ( 211a ) or Which is chamfered , and
    a first support boss (212 ) having a width greater than a length of the major axis of the inserting part .
    5 . The developing unit accordion thing to claim 4 , Wherein each of the projection receivers comprises:
    a mounting recess (221 ​​) into All which the inserting part (211 ) is inserted , and
    a second support boss (222 ) comp rising the mounting recess formed therein .
    6. The developing unit accordion thing to claim 5, Wherein the mounting recess (221 ​​) has a depth of Approximately 1mm or less .
    7. The developing unit accordion thing to claim 5 , Wherein , when a length of the upper housing (110 ) jobs in a direction perpendicular to an axis of a photosensitive medium (111 ) is L , the plurality of supports are Disposed at a position closer than a distance of 1/2 L to the photosensitive medium ( 5 ) .
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    8. The developing unit accordion thing to claim 7 , Wherein the plurality of supports are evenly spaced along a line in the left , central and right positions of the upper and lower housings .
    9. The developing unit accordion thing to claim 8 , Wherein the plurality of supports further Top comp rise support ribs (213 ) Extending from the support projections (210 ) .
    10. The developing unit accordion thing to claim 9 , Wherein each of the support ribs (213 ) has an inclined surface ( 213a ) .
    11. The developing unit accordion thing to claim 10 , Wherein the outer surfaces of the upper and lower housings are engaged witheachother So THAT the upper and lower housings are thermally bonded to eachother .
    12. The developing unit accordion thing to claim 1 , Wherein the toner housing is Disposed under the waste toner housing .
    2.5. The Dutch translation of these conclusions is :
    1. Developer unit of an image forming apparatus , wherein the developing unit comprises :
    a toner housing (150) for the cover of unused toner ;
    a photo sensitive medium (5);
    a developing roller ( 4 ) to transfer the toner to the photosensitive medium ( 5 ) to ;
    a cleaning member (121 ) to clean the photosensitive medium , and
    a waste toner housing (100 ) by the cleaning member removed waste toner collecting , where:
    the waste toner housing (100 ) has an upper housing (110 ) and a lower housing (120 ), which lie opposite each other in order to form an inner space for collecting the waste toner, and
    the toner housing (150 ) is spaced apart from an outer wall of the lower housing of the waste toner housing at a predetermined distance, and is so arranged that a laser beam passes through a space between the toner housing , and the waste toner housing in such a way ;
    characterized in that at least one support unit (200) in the interior space and between the upper housing and the lower housing extends so as to minimize some interference minimizes with a light path of the laser beam. deformation of the lower case
    2. Developer unit according to Claim 1, wherein the support unit ( 200) has a number of
    comprising supports , including a plurality of support projections ( 210) and a number of
    uitsteekselopnemers (220 ), which is complementary to the opposite faces of the
    upper (110 ) and lower ( 120 ) housings are made ​​.
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    3. Developer unit according to Claim 2, wherein the support projections (210 ) are arranged to the upper housing and the uitsteekselopnemers (220 ) to the lower housing are arranged .
    4. Developer unit according to claim 3, wherein each of the support projections comprises :
    an insertion part (211) that has a cross- shape , of which a leading edge ( 211 a ) is chamfered , and
    a first support boss ( 212) having a width greater than a length of the major axis of the insertion part .
    5 . Developer unit according to claim 4, wherein each of the uitsteekselopnemers comprising:
    a mounting recess ( 221 ) in which the insertion part (211) is inserted ;
    and a second support boss ( 222) comprising the mounting recess formed therein .
    6. Developer unit according to Claim 5, wherein the mounting recess (221) a depth of about 1 mm or less.
    7. Developer unit according to Claim 5, wherein , when a length of the upper housing (110 ) , taken in a direction perpendicular to an axis of a photosensitive medium (111) , is L, the number of supports is arranged at a position closer than a distance of 1/2 L to the photosensitive medium (5).
    8. Developer unit according to claim 7 , wherein the plurality of supports are evenly spaced from each other along a line located in the left , center and right positions of the upper and lower housings .
    9. Developer unit according to Claim 8, wherein the plurality of supports further support ribs (213 ) which extend from the support projections (210).
    10. Developer unit according to claim 9, wherein each of the support ribs (213) has an inclined surface ( 213a ) .
    11. Developer unit according to Claim 10, wherein the outer surfaces of the upper and lower housings engage each other , so that the upper and lower housings are connected . Thermally coupled to each other
    12. Developer unit according to Claim 1, wherein the toner housing is arranged . Below the waste toner housing
    2.6. The description of EP 744 comprises the following passages.
    [ 0007 ] The interior of the waste toner housing 6 May be empty prior to accommodating waste toner , and wall surfaces of all areas except for an area on All which the cleaning member 7 is mounted May Be thermally bonded to eachother .
    [ 0008 ] However , an upper side of the waste toner housing 6 is formed into a thin plate shape , so vertical flow May occur. Such deformation of the waste toner housing 6 May frequently
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    Occur when distributing products or attaching and detaching the developing unit. If an upper surface of the waste toner housing 6 is deformed , the internal air pressure of the waste toner housing 6 May Change housed and the waste toner May flow back out of the waste toner housing 6.
    [ 0009 ] When the upper surface of the waste toner housing 6 is deformed , the positions of the cleaning member 7 and various film sealing components for All which are mounted inside May Be changed , All which May cause the waste toner to undesirably flowback due to an Insufficient air leak or cleaning .
    [ 0010 ] additionally , if the upper surface of the waste toner housing 6 is deformed by the heat inside the image forming apparatus , interference between a Neighboring developing unit having a different color Disposed on the upper side May Occur in the case of a color image forming apparatus . It May Be Hard to attach or detach the developing unit due to interference between inner mounting components in the case of a mono -color image forming apparatus . These problems partially May Be Addressed by providing sufficient is space between the housing 2 and the toner waste toner housing 6 , but this undesirably Increases the volume of the developing unit.
    SUMMARY OF THE INVENTION
    [ 0011 ] The present general inventive concept Provides a developing unit All which has an improved structure to preventable deformation Caused by heat and pressure , and an image forming apparatus having the developing unit.
    [ 0013 ] According to one aspect of the present invention ' , a developing unit is provided -including a toner housing for containing unused toner , a photosensitive medium , a developing roller to supply the toner on the photosensitive medium , a cleaning member to clean the photosensitive medium , and a waste toner housing All which collects waste toner removed by the cleaning member . The waste toner housing comp rises an upper housing and a lower housing All which face eachother to form an internal space for collecting the waste toner . The toner housing is spaced apart from an external wall of the lower housing of the waste toner housing at a Predetermined distance , Which is a laser beam Disposed So THAT passes through a space between the housing and the toner waste toner housing . Importantly , at least one support unit extends inside the internal space and between the upper housing and lower housing so as to mini- mise deformation of the lower housing , All which in turn minimises interference with a light path of the laser beam .
    [ 0014 ] The at least one support unit May include a plurality of support projections and a plurality of projection receivers All which are complementarily Disposed on the facing surfaces of the upper and lower housings .
    [ 0015 ] The support projections May be mounted on the lower housing , and the projection receivers May be mounted on the upper housing .
    [ 0016 ] Each of the support projections May include an inserting part All which has a cruciform shape , a leading edge or Which is chamfered , and a first support boss Which is formed to have a diameter greater than the length of the major axis of the inserting part.
    [ 0017 ] Each of the projection receivers May include a mounting recess into All which the inserting part is inserted , and a second support boss comp rising the mounting recess formed therein .
    [ 0018 ] The mounting recess May have a depth of Approximately 1mm or less .
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    [ 0043 ] In FIG . 7 , an image forming apparatus 1 According to the exemplary embodiment ' or
    the present general inventive concept includes a feeding unit 10 , a developing unit 20 , a
    transferring unit 30 , a fixing unit 40 and a discharging unit 50 .
    [ 0044 ] When printing starts , sheets of paper housed in the feeding unit 10 May Be
    transfered to the developing unit 20 by a pick- up unit 11 . A laser scanning unit 25 May
    create print image information using a laser beam , and the laser beam directed on May Be
    the photosensitive medium 111 So THAT an electrostatic latent image can be formed on a
    surface of the photosensitive medium 111. The developing unit 20 may develop toner on
    the electrostatic latent image to form a toner image , and the photosensitive medium 111
    May transfer the toner image onto the sheet of paper while rotating in tight contact with the
    transfer ring unit 30. Heat and pressure May Be applied from the fixing unit 40 to the sheet
    All which paper or onto the toner image is transfered , and then the toner image May Be Fixed
    onto the surface of the sheet of paper , Thereby to complete printing . Additionally , the sheet
    or paper on All which the toner image is fixed May Be Discharged to the outside of the image
    forming apparatus 1 by the discharging unit 50 .
    [ 0045 ] In order to reduce the volume of the developing unit , the waste toner housing 100
    May be spaced apart from the toner housing 150 , Which is Disposed below the waste toner
    housing 100 , and the internal space between the housing 100 and the waste toner toner
    housing 150 May be used as a light path for the laser beam in the developing unit 20
    According to the exemplary embodiment ' . Therefore , the deformation of the waste toner
    housing 100 by heat or pressure May cause interference with the light path of the laser
    beam .
    [ 0046 ] However , in the waste toner housing 100 According to the exemplary embodiment ' ,
    the wall surfaces of the upper and lower housings 110 and 120 All which are meshed with each
    other thermally bonded May Be to eachother , and the structural rigidity of the upper and
    lower housings 110 and 120 May Be Strengthened by at least one support unit 200 in the
    internal space . Accordingly , even if heat capable of causing the upper and lower housings
    110 and 120 to sag , become skewed or otherwise deformed is applied to either the upper
    housing 110 or the lower housing 120, deformation of the waste toner housing 100 is
    minimized . Therefore , even if the light path formed between the waste toner housing 100
    and the toner housing 150 through the laser beam May All which pass is narrow , there is no
    problem of interference .
    2.7. Should include the following images . At EP 744
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    2.8. U.S. Patent No. 5,426,493 ( hereinafter also referred to : U.S. 493 ) for a "Removable
    Member apparatus for toner cartridge and method of use " was granted on June 20, 1995 and is
    Therefore, state of the art with respect to EP 744. U.S. 493 is in the
    granting procedure of EP 744 not been addressed .
    2.9. Abstract of U.S. 493 is as follows .
    A removable assembly member for covering the access opening of a segment of a blade housing
    Canon developer cartridge Wherein the blade housing segment has a cavity therein All which
    intersects with the access opening and contains a cleaning blade and a series of spaced , but
    transverse , flat web -like members All which are arranged to support the cleaning blade . The member
    assembly includes an elongated , gene rally planar member All which has portions thereon That
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    define an elongated recess along one edge portion thereof into All which a peripheral edge portion All which defines the access opening is inserted. A number of spaced , thickened members are fastened into the cavity of the blade housing . Each or the thickened members is provided with a bore , and has portions thereon All which define a slot in which one of the transverse web -like members extends to locate and space the thickened members within the cavity . The planar member is provided with a number of spaced holes through All which a number of screws extend to engage the bores of the thickened members , osmanthus removably attaching the planar member to the thickened members . The slots in the thickened transverse members and the web -like members cooperate to align the thickened members below the holes in the planar member Such That the bores of the thickened members intersect with the holes in the planar member . A seal along the peripheral edge of the planar member seals against the blade housing when the planar member is attached to the thickened members .
    2.10. The description of U.S. 493 comprises the following passage .
    Fastening Means are provided adjacent the side or planar member 102 opposite elongated recess 104 for removably fastening planar member 102 to blade housing segment B. Referring to the 'embodiment illustrated in FIGS . 1-2 and 7-10, fastening Means includes a plurality of members thickened All which May be provided in the form of wedge shaped blocks 122 , and a plurality of fasteners , Which May Be provided in the form of screws 124 , and All which extend through a plurality of spaced , counter bored holes 126 formed in the planar member 102 to engage bores 128 in wedge shaped blocks 122. Ash best Indicated in FIGS . 3 and 6 , the number of blocks 122 , 124 and screws counter bored holes 126 May Be three client happens to other numbers or blocks 122 , 124 screws , and two holes 126 zoals May be provided instead. Counter Bored holes 126 receive the heads of screws 124 , So THAT planar member 102 is provided with a flush surface . Ash best illustrated in FIGS . 5 and 6 , planar member 102 May Be provided with an elongated spacer strip 130 All which extends along land 106 , and All which formed by extrusion molding May Be . Axis illustrated , spaced holes 126 extend through spacer strip 130 , All which fills any gap between formed between blocks 122 and planar member 102 , osmanthus Reducing the thickness or planar member 102 . Referring to FIG . 2 wedge shaped blocks 122 are provided with a complimentary cross section All which mates between angled sidewalls B1 , B2 and B3 bottom , All which together define a large portion or cavity H. Referring to FIGS . 7-10 for details , the forward facing end portion of each wedge shaped block 122 is provided with an angular slot 132. Slots 132 cooperate as follows with web -like members to allow W wedge shaped blocks 122 to be easily positioned in cavity H Such That bores 128 are aligned below hole 126. Referring to FIG . 1 , and counting from the end of cavity H , the angular slot 132 of each wedge shaped block 122 is aligned over, for example , the fifth web -like member W5 . Once positioned , each wedge shaped block 122 is slid downward until the lower face or wedge shaped block 122 contacts against bottom B3 , as illustrated in FIG . 2. As each wedge shaped block 122 moves downward , the corresponding thing web -like member W5 slides into slot 132 , and wedge shaped blocks 122 are spaced accordingly within cavity H withtheir bores 128 aligned below hole 126 in planar member 102 . In this manner- , web -like members 132 W and slots cooperate to align thickened members 122 below hole 126 , So THAT fasteners in the form of screws 124 May engage bores 128 in wedge shaped blocks 122. Wedge shaped blocks 122 May be attached or bonded within cavity H to blade housing
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    Segment B by suitable Means zoals gluing or heat bonding . Once wedge shaped blocks 122 are attached to blade housing segment B , screws 124 May engage bores 128 to removably fasten planar member 102 about access opening O. Web -like members W5 , All which extend into slots 132 assists in Preventing the bond between wedge shaped blocks 122 and blade housing segment B from being broken shaft screws 124 are Tightened . Seal Means provided in the form of a lightweight foam seal member 133 is Disposed in peripheral recess 104 All which extends along the peripheral edge of the planar member 102 . Given the dimensions of peripheral recess 104 , the dimensions of seal member 133 Should Be Approximately equal to the following values ​​: generally 0.157 inches ( four millimeters ) wide and 1/8 inch ( 0.049 inches ) thick . Shaft screws 124 are Tightened , planar member 102 compresses seal member 133 in sealing area D1 depression . Shaft seal member 133 is compressed , the foam sealing material deforms over any roughness remaining in depression D1 to providence a leakproof seal between blade housing segment B and planar member 102 , Preventing leakage from access opening O. To the Extent possible , the roughness in depression D1 bone has smoothed , but some roughness ordinarily remains . When Tightened , screws 124 and 122 blocks wedge shape cooperate with recess 110 in All which peripheral edge R or B extends housing , to retain planar member 102 in a sealing relationship against blade housing B.
    [ column 7, line 11 – k . 8 , r . 20 ]
    After lowering planar member 102 about access opening O , screws inserted through holes 124 May Be 126 in planar member 102 to engage bores 128. Shaft screws 124 are Tightened , planar member 102 compresses seal member 133 against depression D1 . Shaft seal member 133 is compressed , the foam sealing material deforms over any roughness remaining in depression D1 to providence a leakproof seal between blade housing segment B and planar member 102 , Preventing leakage from access opening O. When process unit 20 needs additional servicing or refurbishment due to exhaustion or developer T, screws 124 May Be removed , allo wing planar member 102 to be removed for cleaning or blade housing cavity H segment B and servicing cleaning blade 4. [ k . 10 , r . 31-44 ]
    2.11. U.S. 493 includes the following images .
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    2.12. Samsung is also the proprietor of the European patent EP 2357537 ( hereafter: EP
    537 ) for an " image forming apparatus -including Developer and the same" , issued
    an application by September 3, 2010 , relying on the priority documents
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    KR 20100005758 ( priority date October 21, 2010 ) , KR 20,100,006,500 ( priority date October 25, 2010 ) and KR 20,100,070,473 ( priority date July 21, 2010 ) . EP 537 is – including the Netherlands – in effect as of October 30, 2013 .
    2.13. The ( original ) English text of the conclusions of EP 537 is as follows .
    1. A developer unit (100 ) to be detached from a main body of an image forming apparatus , the developer unit (100 ) comp rising:
    a photoconductor ( 1 ) and
    a housing (90 ) comp rising a waste toner container ( 20 ) to receive waste toner from the photoconductor ( 1 ) ;
    Wherein an upper wall ( 92 ) of the waste toner container ( 20 ) includes a recessed portion (40 ) depressed downwardly towards the photoconductor ( 1 ) in a center portion of the upper wall ( 92 ) , the center portion corresponding thing to a center portion of the photoconductor ( 1 ) in an end-to -end lengthwise direction of the photoconductor ( 1 ) , the waste toner container ( 20 ) further Top compaction rising a cleaning unit (21 ) in All which a cleaning member ( 6 ) is installed , and a container (23 ) spaced apart from the cleaning unit (21 ) to contain the waste toner , and
    a gap ( W3 , W4 ) between the side walls ( 41,42 ) of the recessed portion (40 ) Gradually Increases in a direction ( A2 ) from the cleaning unit (21 ) toward the container (23 )
    2. The developer unit (100 ) of claim 1 , Wherein a gap ( W5 , W6 ) between side walls ( 41,42 ) of the recessed portion (40 ) in the lengthwise direction of the photoconductor ( 1 ) Gradually decreases in a downward direction ( B1).
    3. The developer unit (100 ) of claim 1 or 2 , further Top comp rising a waste toner transporting member (60 ) to transfer waste toner from the cleaning unit to the container (23 ) ;
    Wherein the waste toner transporting member (60 ) moves back and forth in a first direction corresponding thing to an axis passing through the cleaning unit (21 ) and the container (23 ) and upward and downward gene rally perpendicularly to the first direction .
    4. The developer unit (100 ) of claim 3 , further Top comp rising:
    a rotation member (70 ) located in the container (23 ) and an eccentricity rising compaction unit ( 71 ) ,
    Wherein the housing (90 ) comp rises a support unit (50 ) having an inclined part ( 51) thats inclined upward in the first direction toward the container (23 ) from the cleaning unit ( 21 ) , and the waste toner transporting member (60 ) comp rises a support protrusion (65 ) That contacts the support unit (50 ) by sliding , an end part (61 ) of the waste toner transporting member (60 ) being connected to the eccentricity unit (71 ) and moving back and forth and upward and downward due to a rotation of the rotation member (70 ) .
    5 . The developer unit (100 ) of claim 4 , Wherein the waste toner transporting member (60 ) comp rises a plurality of horizontal ribs (62 ) That are spaced apart from each other in the first direction and defining a plurality of spaces (63 ) between the plurality of horizontal ribs (62 ) to transport the waste toner .
    6. The developer unit (100 ) of claim 5 , Wherein widths of the spaces (63 ) Gradually decrease in the first direction from the cleaning unit (21 ) toward the container (23 ) .
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    7. The developer unit (100 ) of any of claims 1 through 6 , further Top comp rising a customer replaceable unit monitor CRUM unit (950 ) comp rising a central processing unit (CPU 951 ) Which performs at least one of authentication and encrypted data communication with the main body of the image forming apparatus by using its own operating system O / S.
    8. The developer unit (100 ) of any of claims 1 through 7 , Wherein the housing (90 ) comp rises a toner container ( 10 ) for containing toner , a developing portion
    ( 13 ) in All which a developing roller ( 3 ) to supply toner to the photoconductor ( 1 ) is installed , and a toner supply window ( 8 ) connecting the toner container ( 10 ) to the developing portion ( 13 ) , and the developer unit (100 ) comprises:
    a pair of rails ( 9 ) Disposed on the toner supply window ( 8 ) and Extending in a lengthwise direction of the developing roller ( 3 ) and
    a blocking member (80 ) comp rising a blocking portion (81 ) Which opens / closes the toner supply window ( 8 ) by being removed from or inserted into the pair of rails ( 9 ) from the outside of the housing (90 ) via an insertion hole ( 970) prepared on an outer side wall (96 ) of the housing (90 ) to be aligned with the rails.
    9. The developer unit (100 ) of claim 8 , Wherein the blocking member (80 ) comp rises a 're portion ( 82) extended from the blocking portion (81 ) and Disposed at the outside of the housing (90 ) while the blocking portion (81 ) is inserted in the rails.
    10. The developer unit (100 ) of claim 9 when dependent upon claim 7 , Wherein the CRUM unit (950 ) is exposed to the outside through the outer sidewalls (90 ) of the housing (90 ) for electrically connecting to the main body of the image forming apparatus and are the portion ( 82) covers the CRUM unit (950), while the blocking portion (81 ) is inserted into the rails.
    11. The developer unit (100 ) of claim 9 or 10 , Wherein are the portion ( 82) are parallel to the outer sidewalls (96 ) of the housing (90 ) .
    12. The developer unit (100 ) of claim 9 , 10 or 11 , Wherein the 're portion ( 82) is divided from the blocking portion (81 ) by a bending line (83 ) and is are parallel to the outer sidewalls (96 ) of the housing (90 ) along the bending line (83 ) .
    13. The developer unit (100 ) of any of claims 9 to 12 when dependent upon claim 7 , further Top comp rising a securing portion ( 971 ) Disposed on the outer sidewalls (96 ) of the housing (90 ) , the securing portion ( 971 ) securing the 're portion ( 82) while the blocking portion (81 ) covers the CRUM unit.
    10. The developer unit (100) of claim 9 when dependent upon claim 7, wherein the CRUM unit (950) is exposed to the outside via the outer sidewalls (90) of the housing (90) for electrically connecting to the main body of the image forming apparatus and the bent portion (82) covers the CRUM unit (950) while the blocking portion (81) is inserted in the rails.
    11. The developer unit (100) of claim 9 or 10, wherein the bent portion (82) is bent parallel to the outer sidewalls (96) of the housing (90).
    12. The developer unit (100) of claim 9, 10 or 11, wherein the bent portion (82) is divided from the blocking portion (81) by a bending line (83) and is bent parallel to the outer sidewalls (96) of the housing (90) along the bending line (83).
    13. The developer unit (100) of any of claims 9 to 12 when dependent upon claim 7, further comprising a securing portion (971) disposed on the outer sidewalls (96) of the housing (90), the securing portion (971) securing the bent portion (82) while the blocking portion (81) covers the CRUM unit.
    14. An electrophotographic image forming apparatus comprising:
    a main body; and
    the developer unit of any of claims 1 through 13.
    2.14. In de – door PrintAbout overgelegde – Nederlandse vertaling luiden de conclusies van EP 537 als volgt.
    1. Voor loskoppeling van een hoofdlichaam van een beeldvormende inrichting ingerichte ontwikkelaareenheid (100), waarbij de ontwikkelaareenheid (100) omvat:
    een fotogeleider (1); en
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    2.14. In – submitted by Print About – Dutch translation of the claims of EP 537 are as follows .
    1. For disconnection of a main body of an image forming apparatus equipped developer unit (100 ) , wherein the developer unit (100 ) comprises:
    a photoconductor (1), and
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    a housing ( 90) , comprising a waste toner container (20 ) in order to incorporate the waste toner from the photoconductor ( 1 ) ;
    wherein a top wall (92) of the waste toner container ( 20) has a portion deeper (40 ) which go down to the photoconductor ( 1) to in a middle portion of the top wall (92) is recessed , in which the middle part corresponding to a middle portion of the photoconductor ( 1 ) in a longitudinal direction from the one to the other end of the photoconductor ( 1 ) , wherein the waste toner container (20 ) further comprises a cleaning unit (21 ) in which a cleaning member (6) is installed, and at a distance from the cleaning unit (21) situated holder (23) to contain the waste toner , and
    wherein a gap ( W3, W4) between the side walls ( 41,42 ) of the deeper portion (40 ) gradually increases in a direction (A2) of the cleaning unit (21 ) to the holder (23) increasing.
    2. Developer unit (100 ) as claimed in claim 1, wherein a gap ( W5 , W6 ) between the side walls ( 41,42 ) of the part deeper (40) in the longitudinal direction of the photo conductor ( 1 ) gradually decreases in a direction (B1) to downwardly .
    3. Developer unit (100 ) as claimed in claim 1 or 2 , further comprising a waste toner conveying member (60 ) to transfer waste toner from the cleaning unit to the container ( 23) over ;
    wherein the waste toner conveying member ( 60) moves back and forth in a first direction , which corresponds to an axis which passes through the cleaning unit ( 21) and the holder (23) , and moves up and down , generally perpendicular to the first direction.
    4. Developer unit (100 ) as claimed in claim 3 , further comprising:
    one located in the holder (23) rotation means ( 70) that an eccentric (71 ), wherein the housing ( 90) has a support unit (50 ) having a sloping part ( 51) which is inclined upwards running in the first direction towards the holder (23 ) Starting from the cleaning unit ( 21) , and wherein said waste toner conveying means ( 60) includes a supporting projection (65 ) which the support unit (50 ) becomes slidably , wherein an end portion (61 ) of the waste toner conveying member ( 60) with the eccentric ( 71) is connected, and back and forth and moves up and down as a result of a rotation of the rotary member ( 70).
    5 . Developer unit (100 ) as claimed in claim 4, wherein the waste toner conveying member ( 60) has a number of horizontal ribs ( 62) which in the first direction at a distance from each other and which define a plurality of spaces ( 63) between the number of horizontal ribs (62) to transport . waste toner
    6. Developer unit (100 ) as claimed in claim 5, wherein the widths of the spaces ( 63) in the first direction gradually decrease from the cleaning unit ( 21) to the container ( 23) increasing.
    7. Developer unit (100) according to any one of claims 1 to 6 , further comprising a unit for monitoring the replaceable by the customer unit , CRUM unit (950 ), comprising a central processing unit CPU (951) that there is at least one performs authentication and encrypted data communication with the
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    main body of the image forming apparatus , using its own operating system O / S.
    8. Developer unit (100) according to any one of claims 1 to 7 , wherein the housing (90) a toner container (10) comprising for containing toner, a developing member (13 ) in which a developing roller ( 3 ) to fuse toner to the photo conductor ( 1 ) to be supplied is installed , and a toner supply window (8) that the toner container (10 ) with the developing member (13) , and wherein the developer unit (100 ) comprises:
    a pair of rails mounted on the toner supply window ( 8) (9 ) extending in a longitudinal direction of the developing roller ( 3 ) extend , and
    a blocking member (80), comprising a locking portion ( 81) that the supply of toner window ( 8) opens / closes by being removed from or brought to the pair of rails (9) from the outside of the housing ( 90) via an insertion hole (970) , which is arranged on an outer side wall (96) of the housing ( 90) , to be aligned. with the rails
    9. Developer unit (100 ) as claimed in claim 8, wherein the blocking member (80 ) has a curved portion (82) extending from the blocking portion (81) extends and is arranged on the outside of the housing ( 90) while the blocking part (81) in the rails is established.
    10. Developer unit (100) according to claim 9 , when dependent on claim 7, in which the CRUM unit (950 ) is exposed through the outer side (90 ) of the housing (90) for electrically connecting with the main body of the image forming apparatus on the outside and wherein the curved portion (82) , the CRUM unit (950 ) covered while the blocking part (81) has been marketed. rails
    11. Developer unit (100 ) as claimed in claim 9 or 10, wherein the curved portion (82 ) parallel to the outer side (96) of the housing ( 90) is curved .
    12. Developer unit (100 ) as claimed in claim 9, 10 or 11 , wherein the curved portion (82 ) is separated from the blocking portion (81) by a bending line (83) and parallel to the outer side (96 ) of the housing (90) along the bend line (83) is curved .
    13. Developer unit (100) according to any one of claims 9 to 12 , when dependent on claim 7, further comprising a mounting portion (971) which is arranged , wherein on the outer side (96 ) of the housing (90) the attachment member (971) the curved part (82) confirms while the blocking part (81 ) covers the CRUM unit .
    14. Electrophotographic image forming apparatus comprising:
    a main body , and
    The developer unit according to any one of claims 1 to 13 .
    2.15. The description of EP 537 comprises the following passages.
    [ 0075 ] FIG . 9 is a perspective view of the developer 100 accordion thing to an 'embodiment of the present general inventive concept and FIG . 10A is a cross -sectional diagram of the developer 100 of FIG . 9 cut along the line E1 -E2 or FIG . 9. Referring to FIGS . 2 , 9 , and 10A , the upper frame 92 constitutes an upper wall of the waste toner container 20 . A recessed portion
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    40 depressed downwardly is formed in the center portion of the upper frame 92. The recessed portion 40 formed in May Be an area corresponding thing to the cleaning unit 21 of the upper frame 92 , an area corresponding to the connecting area 22 thing , or an area Throughout the cleaning area 21 and the connecting area 22 . The waste toner removed from the surface of the Photoconductive drum 1 by the cleaning member 6 fills the cleaning area 21 and then the Photoconductive drum 1 is rotated so That the waste toner Gradually moves to the waste toner storage area 23 due to the back -and – forth movement of the waste toner transporting member 60 . [ 0076 ] As illustrated in FIG . 10A , an interval G between the portion of the waste toner container 20 where the recessed portion 40 is formed and the support unit 50 is narrower than intervals between the both portions of the waste toner container 20 where the recessed portion 40 is not formed and the support unit 50 . In otherwords , the height H2 between a bottom 43 of the recessed portion 40 and the support member 50 is less than a height H1 between a Substantially planar upper surface 92a of the upper frame 92 and the support member 50 . Accordingly , as illustrated by the arrow F , the waste toner is pushed out to either side of the recessed portion 40 and is dispersed to the edge of the waste toner container 20 . Thus , pressure or the waste toner May Be been prevented from increase increasing in the center portions of the waste toner container 20 and the Photoconductive drum 1 .
    [ … ] [ 0080 ] Also , as illustrated in FIG . 11A , a distance between the walls 41 and 42 of the recessed portion 40 May increasement in the direction A2 from the cleaning unit 21 to the connecting area 22 . That is , the width W3 at the side closest to the cleaning area 21 May Be narrower than the width W4 at the side of the recessed portion 40 closest to the connecting area 22 .
    2.16. Should include the following images . At EP 537
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    2.17. The U.S. patent application U.S. 2004/114959 A1 ( hereinafter also referred to : U.S. 959 ) for
    a "Method and apparatus for converting toner cartridges to fit various types of printing
    machines " was published on June 17, 2004 and therefore state of the art with
    related to EP 537. U.S. 959 in the prosecution of EP 537 on the agenda
    come .
    2.18. Abstract of U.S. 959 is as follows .
    An indentation in a waste bin assembly of a xerographic toner cartridge Allows the cartridge
    to physically fit into various types of printing machines . The location and size of this
    indentation will vary Depending on the type of printing machine . An apparatus and method is
    provided to allow modification of various types of printer cartridges , that after modification ,
    the altered cartridges May be used in additional printing machines That Were Initially limited
    by the original shape of the waste bin assembly .
    2.19. The description of U.S. 959 includes the following passages .
    FIELD OF THE INVENTION
    [ 0001 ] The present invention ' Relates to a method of modifying one type or xerographic toner
    cartridge into another by removing a section of a toner cartridge and waste bin assembly ,
    Affixing a plug into this area and resealing it . Additionally , further Top Alterations of the physical
    Original toner cartridge zoals trimming off guides , creating a circuit board mounting area
    and mounting a small circuit board in this location May be required for various other types of
    applications .
    BACKGROUND OF THE INVENTION
    [ 0002 ] In the printing industry , there has been a growing market for the remanufacture and
    refurbishing of various types of printing components zoals toner cartridges , ink cartridges,
    magnetic rollers , seals etc. Cartridges once spent are unusable for Their originally
    intended purpose . Without a refurbishing process , they would simply be discarded , as
    though the cartridge itself May still have potential life . As a result, there have been processes
    Specifically developed and procedures to address this type of issue . These processes May
    entail the disassembly of the various structures of the cartridge Replacing toner , cleaning ,
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    Replacing worn or adjusting any components and reassembling the cartridge.
    [ 0003 ] The differences between printer cartridges for various types of printing devices May only be slight or subtle . In many instances it May only be an indentation in the body of the cartridge. In other cases it May be not only a physical attribute of the body of the cartridge , but usefull the addition of a wireless communications device . Certain style cartridges May Be plentiful and relatively inexpensive simply Because of certain factors zoals the supply in the market or initial cost while other style cartridges May not be available in quantity or too expensive for cost effective use in remanufacturing . The easiest and most economic solution would be to simply convert the inexpensive style cartridges into the more costly color cartridge in order to meet this market demand . The present invention ' is directed at that conversion process . Additionally , the present invention ' May have a positive impact on the environment by cutting down on the amount of cartridges being thrown away by providing a new recycling alternative .
    SUMMARY OF INVENTION
    [ 0007 ] The present invention ' describes a conversion process designed to allow one type of toner cartridge to be converted to another by altering its physical characteristics .
    [ 0008 ] In accordance with the preferred 'embodiment of the present invention' , a method of making or refurbishing a printer cartridge May include modifying the physical attributes of the cartridge Such That it will be bootable to be used once refurbished and modified in additional types of printing devices . The cartridge itself May be mounted into a fixture conversion That secures the waste bin assembly of the cartridge into place . The conversion fixture will have an opening corresponding to the area thing thatwill be removed from the waste bin assembly .
    [ 0009 ] Various types of tools used to remove May Be the portion of the waste bin assembly . A particularly effective tool for use in removing the area in question is the RotoZip ( R ) tool , a type of router . Another way the waste bin assembly May be modified is by using heat . For example this might encompass using a laser as the cutting device or just an intense heat to melt the outline instead of cutting .
    [ 0010 ] The size and orientation of the portion being removed will vary accordion thing to the original type or cartridge as well as the intended future use of the cartridge. Once the portion is removed , a plug is then inserted into the section of the cartridge thats now an open area or recess . Depending on the type of cartridge and future application , the plug May Vary in size and shape . The plug Should Be affixed into the recess of the waste bin assembly . This can be accomplished either by ultrasonic welding or some type of glue .
    2.20. U.S. 959 includes the following illustration.
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    2.21. The Japanese patent JP -A- 10301460 ( hereinafter also referred to JP 460 ) for a
    developer unit dates back to 1998 and is , therefore, also state of the art with
    related to EP 537. JP 460 is in the prosecution of EP 537 on the agenda
    come .
    2.22. JP 460 includes the following images .
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    2.23. U.S. Patent No. 7,136,608 ( hereinafter also referred to : U.S. 608) for a "Removable toner cartridge universal adapter " is issued November 14, 2006 and is therefore also state of the art with respect to EP 537. U.S. 608 has not been addressed in the prosecution of EP 537 .
    2.24. Abstract of U.S. 608 is as follows .
    A universal adapter for a toner cartridge enable block a single toner cartridge to be used with printers made ​​by different manufacturers and differing printer models made ​​by a common manufacturer . The cartridge includes a waste bin having a leading end thats sculpted to mate with the cartridge – receiving cavities of a large number of printers. Additional improvements include an improved planar having a common thickness along its Extent , the elimination of a pivotal motion between the waste bin and the hopper , an enhanced interconnection between the waste bin and the hopper , improved ergonomics along a trailing edge of the waste bin to Facilitate its handling , a structuring That Prevents mounting of a circuit board on a host circuit board , reduced friction media guide ribs , an improved circuit board mounting pad , and a microswitch actuating tab That functions as in a printer with worn hinges and latches .
    2.25. The description of U.S. 608 includes the following passages .
    FIG. 2A is a front perspective view of a first embodiment ' of the novel toner cartridge universal adapter; FIG . 2B is a side perspective view of a second embodiment ' of the novel toner cartridge universal adapter;
    [ k . 10 , r . 53-56 ]
    Ash best Understood in connection with FIGS . 2A – J , leading end 13 or 12 waste bin is sculpted so That it can mate with a plurality of families or printers be manufactured by differing manufacturers . Leading end 13 includes flat top wall 15a thats Disposed in a Substantially horizontal plane when waste bin 12 is properly installed and flat vertical front wall 15b . In FIG. 2A , leading end recesses 16a , 16b , and 16c having a common size and configuration are formed in the leading end 13 equidistantly spaced relation to one another and in relation centered with respect to said leading end . Each of the leading end recesses includes an arcuate back wall 17a , flat vertical side walls 17b , and a flat bottom wall 17c . Two ( 2 ) outboard recesses having a common size and configuration 16d and 16 are formed at opposite ends or leading end 13. Both of the outboard recesses include an arcuate back wall 17a having less transverse Extent than the respective arcuate backwalls 17a of the full recesses , one vertical flat wall 17b , and a flat bottom wall 17c having less transverse Extent than the respective flat bottom walls 17c of the leading end recesses .
    [ k . 13 , r . 31-51 ]
    In FIG. 2B , leading end recesses 16a, 16b , 16c of the FIG. 1A embodiment ' are merged together to create one elongate centered leading end recess 18 having flat back wall 18a , arcuate walls 18b , 18b at opposite ends of said flat back wall , flat sidewalls 18c , 18c , and 18d flat bottom wall . Outboard recesses 16d , 16th of the FIG . 2A embodiment ' are retained in this second embodiment' . A leading end sculptured in the manner of FIG . 2B mates with the
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    printer models listed above in connection with the 'embodiment of FIG . 2A and with the above – Mentioned That May Presently printer models exist , or May All which in the future be provided , that are not included in Expressly said list .
    [ k . 14 , r . 24-35 ]
    2.26. U.S. 608 includes the following images .
    2.27. U.S. Patent No. 7,346,292 ( hereinafter also referred to : U.S. 292 ) for " Systems and methods for remanufacturing imaging components" was granted on March 18, 2008 and is , therefore, also state of the art with respect to EP 537. U.S. 292 has not been addressed in the prosecution of EP 537 .
    2.28. Abstract of U.S. 292 is as follows .
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    Systems and methods of remanufacturing an imaging cartridge -including the replacement an organic photoconductor ( OPC ) drum in the imaging cartridge having end caps All which are fixedly secured to the waste bin or other portion of the toner cartridge . In one aspect , the method Involves removing the Existing OPC drum without detaching the end caps and installing a replacement OPC drum without disturbing the end caps .
    2.29. U.S. 292 includes the following images .
    2.30. The description of U.S. 292 includes the following passages .
    FIG. 2 shows a perspective view of the non – drive side end view of an HP 2600 toner cartridge ;
    [ k . 2 , r . 14-15 ]
    The following detailed description of preferred embodiments Refers to The accompanying drawings All which Illustrate specific embodiments of the invention '. That follows in the discussion , specific systems and techniques for repairing , manufacturing or remanufacturing a toner cartridge , zoals an HP 2600 toner cartridge , are disclosed . Other embodiments having different structures and operations for the repair , remanufacture and operation or other types of replaceable components and imaging for various types of imaging devices , zoals laser printers , inkjet printers , copiers , facsimile machines and the like , do not depart from the scope of the present invention '. FIGS . 1 and 2 show perspective views of a prior art toner cartridge 100 . The cartridge 100 includes , among other components , a toner hopper assembly 102 and a waste bin assembly 104. The waste bin assembly 104 includes a waste bin 106 and an organic photoconductor ( OPC ) drum 108 . The OPC drum comp 108 rises a cylindrical aluminum tube having first and second hubs 110 and 112 , with each hub 110 and 112 Extending from an end of the OPC drum 108 . The second hub 112 includes a trilobe 111 Extension Which is used by the printer to rotate the OPC drum 108 during the printing process . The OPC drum is 108
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    held in place by a drive side end cap 114 and a non – drive side end cap 116 All which include OPC retaining members 118 and 120, respectively. The OPC retaining members 118 and 120 each include cylindrical opening 119 and 121 respectively All which engage and hold the ends of the hubs 110 and 112 during the rotation of the OPC drum 108 . The cylindrical opening 121 of the OPC retaining member 120 is narrowed at the end by a flange 122. A clearer view of the this relationship is provided in FIG . 3 All which shows a cross -sectional view of a portion of the waste bin assembly 104 -including the OPC drum 108 , the drive side end cap 114 and the non – drive side end cap 116. See also FIGS . 3A and 3B , All which show perspective views of the waste bin assembly 104 after removal from the toner cartridge 100 . The end caps 114 and 116 are secured to the waste bin 106 using , among other techniques , an adhesive , All which inhibits the removal of either of the end caps 114 and 116 without causing undesirable damage to the end caps 114 and 116 and the waste bin 104.
    [ k . 2 , r . 33-61 ]
    2.31. Described in U.S. 292 HP 2600 toner cartridge is also depicted in the manual "HP LASERJET 2600 cartridge remanufacturing instructions" . In the 2010 version of this manual is under number 74 ( caption : "Cartridge assembly complete " ) below the captured image.
    2.32. Print About operates under a domain printabout.nl , printabout.be printabout.com and accessible online shop , where it offers printers and toner cartridges in the Netherlands and Belgium . It sells under its " brand " PRINT ABOUT cartridges compatible with Samsung CLP printers and cartridges that are compatible with the ML and SCX – Samsung printers. About the print cartridges offer stating ( i ) the make and model number of cartridges that Samsung produces , and ( ii ) adding " ( brand) " .
    2.33. An example of a page of the website Print About is shown below .
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    2.34. In a letter dated June 6, 2013 , Samsung Print About ordered to cease the marketing of a number of types of toner cartridges compatible with Samsung printers because according to Samsung , there would be an infringement of two European patents not at issue in the present interim relief .
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    2.35. By letter dated November 12, 2013 , Samsung Print About summoned to strike on EP 744, EP 537 , RCD 687 and RCD 551 the infringement.
    2.36. On December 16, 2013 , Print About Samsung abstaining statement , in which it states include the sale of products referred to in the summons to strike until when passed into force of res soil verdict is decided between the parties or a final settlement is reached . The infringement Print About declares that it is to abstain from making unlawful comparative advertising the products mentioned in the summons . Regarding
    3. the dispute
    3.1. Samsung goes after changing requirement – summary – that the court , by order , to the extent possible enforceable Print About recommends making unlawful comparative advertising to cease and desist hold Print About recommends doing , approved by an independent chartered accountant , of giving ( i ) the number of products sold that breach of the invoked European patents ( EP 537 and EP 744) and Community design rights ( RCD 687 and RCD 551 ) , ( ii ) the revenue accruing therefrom and profits , and ( iii ) the contact details of its professional customers and suppliers, and orders her to publish , perform a recall and destroy the infringing products rectification and achieved on penalty of a fine and ordered to Print About in accordance with Article 1019h of the Code of Civil Procedure ( hereinafter CCP) to estimate costs.
    3.2. At its claims Samsung lays the basis that the prior offered by Print About the abstinence statement and traded cartridges that are suitable for the Samsung CLP printers fall under the scope of EP 744 and RCD 551. The statement also offered to abstinence and traded cartridges suitable for the ML and SCX – Samsung printers fall under Samsung under the scope of EP 537 and RCD 687 . Samsung also argues that the advertising of Print About products include more than that abstinence statement sees and Print About ( more ) unlawful comparative advertising will not discontinue or will hold discontinued.
    3.3. Print About performs a reasoned defense. About Printing has precludes the case is handled . Conjunction with two other cases In addition, Print About argued that Samsung has no compelling interest in its claims that EP 744 is not new and not inventive , that its products are not within the scope of claim 3 EP 744 traps that EP 537 not enabling manner , not new and not inventive is that its products are not within the scope of EP 537 are that the Community design is not valid and that its advertisements are not unlawful .
    3.4. The allegations of the parties discussed in detail the extent of importance . Below ,
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    4. the assessment
    competence
    4.1. To the extent that the claims are based on Community designs the jurisdiction of the judge of this court arises from Article 80 paragraph 1 in conjunction . Article 81 , opening words and under a jo jo Article 82 paragraph 1 . Article 90 paragraph 1 of Regulation ( EC ) No 6/2002 of 12 December 2001 on Community Designs ( hereinafter GModVo ) jo . Article 3 of the relevant implementing legislation .
    4.2. The Dutch court also has jurisdiction to hear the remaining claims . Pursuant to Article 31 Brussels I Regulation The advanced system are indeed provisional measures within the meaning of that article . The measures applied have a genuine link with the Netherlands in this case. The measures are designed to protect against a resident defendant in the Netherlands and are focused on acts of the defendant in the Netherlands . Under Article 31 Brussels Regulation may also be inspected in the invalidity defense that Print About has raised against the foreign share of the patents because these summary proceedings , no final decision will be made ​​about the validity of the claimed patent , but an estimate will to clarify the Article 22 paragraph 4 Brussels Regulation thereon will judge jurisdiction ( ECJ July 12, 2012 , C-616/10 , Solvay Honeywell ) .
    4.3. The local jurisdiction regarding the patent law valid claims from Article 80 paragraph 2 Act 1995 . The local jurisdiction with respect to claims based on unlawful comparative advertising follows from the fact that it is not disputed .
    receptivity
    4.4. Samsung claims are admissible. That the matter is dealt with together with two cases against other defendants , at a session is not there on the road . The judge agreed to a joint treatment because in the three cases involves similar facts and legal questions and economy so was served with a joint hearing. Of violation of due process is no question . Each defendant has hearing given sufficient time to defend himself .
    urgent interest
    4.5. Print About rightly argued that the urgent interest of Samsung in the advanced measures expire insofar as they relate to the alleged infringement of a Community design rights or made ​​unlawful comparative advertising . The parties agree that Samsung since early 2012 has been the fact that the offending About Print cartridges on the Dutch and Belgian market brings and the way Print About advertises informed. Samsung has no good reason for the fact that they are there first speak up now . Samsung has just claimed that she has chosen only after grant of the youngest patent , EP 537 , to act so that all bases in a procedure could be addressed. Process of economic considerations make It follows that apparently , according to Samsung , the alleged infringement of a Community design rights and given
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    unlawful comparative advertising have taken . provisional measure for a long period It is hard to see why that is the case as a result of the grant of EP 537 .
    4.6. This is different for the advanced measures relating to alleged patent infringements . The interest in these receivables is sufficiently urgent , now Samsung after the patent has been granted, the diligence occurred to enforcement. About the Print abstention declaration signed , does not take away . Urgency of that interest After the change of requirement , the claims of Samsung covers only obligations which are not part of the withdrawal statement . Samsung so keep an interest in allocating those claims . That interest is also urgent to the extent that the measures seek to ensure that further breaches absence of patents . This applies to the obligation to submit a declaration of contact details of professional buyers and suppliers , and the recall and destruction of infringing products . The order for a statement of the number of products, prices , revenues and profits , as Print About argued , by contrast not urgent .
    4.7. In view of the foregoing, the question to be answered is whether – preliminary judgment – there is infringement of one or both invoked patents . Indeed, Samsung is only entitled to the relief sought if there is prima facie infringement.
    EP 744
    novelty claims 1, 2 and 12
    4.8. Regarding EP 744 Print About himself has weathered include with the statement that claims 1 , 2 and 12 of EP 744 are not new in the light of U.S. 493 . Provisional opinion this defense is successful .
    4.9. Based on the partition used by the parties in elements of claim 1 reads as follows :
    Developer unit of an image forming apparatus , wherein the developing unit comprises :
    1.1 a toner housing ( 150 ) for holding unused toner ;
    1.2 a photo sensitive medium (5);
    1.3 a developing roller ( 4 ) to transfer the toner to the photosensitive medium ( 5 ) to ;
    1.4 a cleaning member (121 ) to clean the photosensitive medium , and
    1.5 waste toner housing (100 ) by the cleaning member removed waste toner collecting , where:
    the waste toner housing (100 )
    1.5.1 comprises an upper housing (110 ) and a lower housing ( 120), which lie opposite each other in order to form an inner space for collecting the waste toner, and
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    1.6 the toner housing (150 ) is spaced apart from an outer wall of the lower housing of the waste toner housing at a predetermined distance , and is so arranged that a laser beam passes through a space between the toner housing , and the waste toner housing in such a way ;
    characterized in that
    1.7 at least one support unit (200) in the interior space and between the upper housing and the lower housing extending in order to minimize , which minimizes interference with a light path of the laser beam. Deformation of the lower case
    4.10. It is not disputed that the average skilled elements 1.1 to 1.6 of claim 1 is already known from U.S. 493. The parties are divided over whether the U.S. 493 revealed wedge shape block (122 ) to be classified as supporting unit or support unit (200 ) in the sense of element 1.7 of claim 1 .
    4.11. U.S. 493 describes a plurality of thickened members , such as the wedge shape blocks (122 ) , wherein a plurality of fasteners , such as screws, to be fastened to attach the cover. ( Planar member 102 ) to the housing This wedge shape blocks (122 ) preliminary judgment can act as a support unit between the lower and upper case and will thus deformation of the lower housing minimize . Samsung has counterargument here is that the wedge shape blocks (122 ) can not play because they are not connected to the bottom of the lower housing unit that function. Provisional opinion can not succeed . Defenses that U.S. 493 discloses that expressly : " Wedge shaped blocks 122 May be attached or bonded within cavity H to blade housing segment B by suitable Means zoals gluing or heat bonding " [ k . 7 , r . 58-61 ] . In addition, U.S. 493 which communicates with the bottom learns by making better use of the ribs W. use " [ W ] eb -like members W5 , All which extend into slots 132 assists in Preventing the bond between wedge shaped blocks 122 and blade housing segment B from being broken shaft screws 124 are Tightened " [ k . 493 about U.S. states 7 , r . 64-68 ] . Having regard to that is for the time being sufficiently plausible that the wedge shape blocks (122 ) adapted to prevent deformation of the lower housing and thus (also ) the function of support unit to perform . Within the meaning of element 1.7 of claim 1
    4.12. That the bottom of the lower housing unit is thicker than the cover , as stressed by Samsung and thereby deforming the soil will not be prevented preliminary judgment is erroneous as a connection to the cover , even if it is thinner than the bottom part , is in any case contribute to the resistance to deformation of the bottom part . The presence of a foam seal member 133 does not alter to this because this will be ( completely ) prevent . The support function of the wedge shape blocks for hands no Samsung 's argument that the absence of a support unit located inside the internal space is because the screw that secures the connection is made through the lid protrudes , is not followed . It does not make the screw extends through the lid back , after all, that the compound formed between the bottom part and lid is not inside the internal space is formed .
    4.13. The conclusion is that there is a serious risk that the bottom right of the Opposition Division will consider that claim 1 of EP 744 is not new . This applies equally to claim 2, wherein a plurality of support units are claimed ( " plurality of
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    supports " ) . U.S. 493 reveals Indeed, several wedge shaped blocks . In addition, it is also concluded 12 of EP 744 preliminary judgment is not new in the light of U.S. 493 . As Print About pointed unchallenged disclose the prior art , put forward by including Print About U.S. 493 , where the toner cartridge casing is fitted. Below the waste toner housing
    scope conclusion 3-11
    4.14. May continue if there is a serious risk that the claims 3-11 of EP 744 in proceedings in this court will be explained or will be revoked . Void in opposition in the middle Even if those conclusions are able to remain , there is no preliminary judgment of infringement . As will be explained , for the time being must be assumed that the products marketed by About Print cartridges are not covered by the scope of protection of claims 3-11 .
    4.15. Claim 3 and the dependent claims 4-11 require that ' the support projections (210 ) are arranged to the upper housing and the uitsteekselopnemers (220 ) are provided at the lower case . " That feature will not suffice. Products Print About provisional opinion Between the parties is not disputed that the elements which Samsung describes as " dimples " and " uitsteekselopnemers " are installed properly. Inversely with the products of Print About The support protrusions are arranged on the lower housing. The uitsteekselopnemers are mounted to the upper housing .
    4.16. Samsung 's argument that the skilled person would understand that claim 3 is worded incorrectly must be rejected . Preliminary judgment Admittedly describes and shows the patent EP 744 cartridges in which the spines and uitsteekselopnemers are arranged on therefrom respectively the lower and upper body , but can not automatically infer that the placement is correct and prescribed in the conclusion placing the mistake. Skilled in the art The primary consideration is that , like Print About undisputed argued , the patent does not teach what the skilled technical advantage of the claimed arrangement is contemplated . To the extent that there is a mistake in the wording of the claim , as Samsung claims, the resulting confusion created under these circumstances must remain with the patent holder .
    EP 537
    enablement
    4.17. Print About claimed that the invention as claimed in claims 1 and 2 of EP 537 is enabling manner . It argues that, as in the text of the conclusions is nothing to be found on a transport device for the craftsman is not clear how the waste toner from the cleaning member ( 21 ) in the waste toner container ( 23 ) arrives . Now only 3 there is waste toner conveying member (60 ) , in accordance with its conclusions apply under the invention in accordance with claim 1 and 2, enabling manner not revealed.
    4.18. The single judge not . Follow this argument The patent has clarified how waste toner can be moved , because through it –
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    expressly claimed in claim 3 – displacement member . That this element is not included in claims 1 and 2 does not mean that these conclusions are not enabling manner . It counts is that the invention is described . Enabling manner On the basis of the description, in which the displacement means is disclosed as a means to move the waste toner , the average skilled person , the invention can work overtime .
    4.19. Insofar Print About has to say that claims 1 and 2 are not enabling manner to the extent they relate to products without moving means , is that Print About himself has indicated intended – referring to its own products – a cartridge can operate without displacement member . According Print About utilizes moving air for the relocation of the waste toner , caused by the rotating parts of the cartridge in its products. Alleged nor proven that the solution does not lie within easy reach of the skilled person . Is not necessary for this – or an alternative – method for moving waste toner has been described in the patent specification . Will therefore be assumed that the invention has been described , enabling manner also in so far as the claims 1 and 2 products without a displacement element claim . For Hands
    novelty U.S. 608
    4.20. Print About states that U.S. 608 discloses all the features of claim 1 of EP 537. For example, Figures 2A and 2B show, in accordance with Print About an ink cartridge with a waste toner container is provided with a deeper part that is to the photo conductor increasing in a middle portion of the top wall deepened , whereby an intermediate space between the side walls of the lower portion gradually increases in a direction of the cleaning unit to the container increasing. Print About emphasizing the passage of U.S. 608 which speaks of "leading end recesses [ … ] merged together to create one elongate centered leading end recess 18 having flat back wall 18a , arcuate walls 18b , 18b at opposite ends of said flat back wall , flat sidewalls 18c , 18c , and 18d flat bottom wall . "These elongate centered leading end recess , according Print About all the features of the claimed in EP 537 " deeper part . "
    4.21. The single judge not . Follows Print About herein Provisional opinion U.S. 608 does not reveal directly and unambiguously a waste toner container with a top wall of the waste toner container a deeper portion that down to the photoconductor to a middle portion of the upper wall is deepened . According Print About the top ( 15a) of the leading end ( 13 ) must be regarded as the top wall of the waste toner container as defined in claim 1 of EP 537 . On that basis it is less clear whether taken recess ( 16 , 18 ) in which upper wall down to the photoconductor far deeper . The precise location of the photoconductor in the device of U.S. 608 is unclear. Both parties requested and indicated that they assume that the photoconductor in the middle of the waste toner housing shown in Figures 2A and 2B ( 12). This assumption seems to be the floor of the upper wall ( 15a ) to go sideways instead of down for writes to the photoconductor far as to claim 1 of EP 537 . To the photoconductor As Samsung has rightly pointed out, 608 U.S. novelty therefore not harmful to EP 537.
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    novelty U.S. 292 ( HP 2600 toner cartridge )
    4.22. The cartridge shown in figure 2 of the U.S. 292 and thereby
    corresponding cartridge HP 2600 has a " deeper part " within the meaning of EP 537 ,
    Print About says . That with it all the other features of claim 1 and 2,
    directly and unequivocally would be revealed as Print About appears to contend, is
    provisional opinion , however, is incorrect. Figure 2 of U.S. 292 or the picture of the HP 2600
    directly and unequivocally reveals that the deeper part down to the
    Accessory photoconductor in a middle portion of the top wall is recessed , wherein a space between
    between the side walls of the lower portion gradually increases in a direction of the
    cleaning unit to the holder to . Due to the absence of this element, and the U.S. 292
    HP 2600 cartridge novelty harm EP 537.
    novelty JP 460
    4.23. JP 460 is no translation provided, so that the images , especially the
    included in the above figure ( Figure 5, see 2.22) , which has referred About Print ,
    will have to be assessed in itself.
    4.24. Print About argues that the image referred to a deeper part shows –
    below a red circle – that " in the longitudinal direction of photoconductor 8 gradually decreases
    in a direction downwards . " This would , according Print About all elements of
    in claim 1 of EP 537 have been revealed.
    As Samsung provisional opinion rightly pointed out , however, do not appear all
    elements directly and unambiguously from the image in question . Whether there is the
    level required in the middle part and the width increase in the direction towards the
    waste container is not to judge (based on Figure 5 Print About has not
    explained how this conclusion elements are known from JP 460 ) . The fact that the invention of EP
    537 already was known to the skilled person from JP 460 is made ​​plausible too.
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    inventiveness
    4.25. By Print About is also argued that EP 537 is not inventive . About Print In that context argued among other things that it is obvious to combine with U.S. 959 or general knowledge about casting . Documents discussed above in the context of the novelty
    4.26. The single judge not . Follows Print About herein Apart from the fact that Samsung has noted that the documents referred to constitute a real basis for an inventive attack because the document does not deal with the same problem as EP 537 and that there was no reason for the practitioner to combine with U.S. 959, those documents can not be properly believed that the combination leads to the 537 invention as claimed in claim 1 of EP . As considered above reveal U.S. 608 , JP 460, U.S. 292 and the HP 2600 no recess that has all the features that claim 1 of EP 537 prescribes. U.S. 959 discloses such a recess , either. Also disclosed in Figure 1 of U.S. recess 959 on top of the cartridge does not allow namely in the direction of the cleaning unit to the container , such as in claim 1 of EP 537 is required. About Printing has also not given .
    4.27. A combination of general knowledge about casting does not lead to the claimed invention . About printing in this context stressed the need to give , because the product is not different from the mold. Vertical walls of injection molding products , such as housings of cartridges, a small slope (minimum 0.5 degrees ) However, the angle of inclination of vertical walls is at most relevant for the narrowing of the recess, downwardly ( direction B1) , as claimed in claim 2 of EP 537. However, in claim 1 of EP 537 claimed widening of the recess is in a different direction, namely in the direction of the cleaning unit into the container ( A2). About Printing has not said a widening in that direction follows from general knowledge .
    leakage problem
    4.28. In support of its argument that EP 537 is not inventive About Printing has also argued that the leakage problem described in the patent in practice – not doing – in its own products in particular. This has , however, made ​​it sufficiently plausible .
    4.29. First Print About states that it uses toner that does not clump and (thus ) do not accumulate in the passage to the waste toner container . That Samsung has expressly denied and there is no evidence .
    4.30. Second Print About suggests that the leakage problem that is described in the patent specification will occur only in the use of the methods described in EP 537 , and in claim 3 claimed waste toner transporting means , which is not (no longer ) to be used in its cartridges. According to Print About About Printing has not explained why waste toner can not accumulate if these organs are not used . The assertion is not substantiated .
    4.31. Thirdly Print About suggests that the size of the container from its cartridge is not so narrow that due to accumulation of waste toner leakage can occur. Here too, applies
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    About the Print that has made ​​. sufficiently plausible It has referred only to a product of Samsung which the operation of the solution to the problem is constrained by a rib . It does not follow necessarily that the problem does not exist , such as Print About seems to assume .
    4.32. Moreover, the product of Print About ( also ) other measures have been taken to prevent leakage. Hearing is shown a cartridge that includes a strip or flap . That suggests that leakage is indeed a real problem .
    scope
    4.33. On the basis of the above considerations it must be concluded that there is no serious risk that EP 537 will die . In proceedings or opposition proceedings Provisional opinion are the ML and SCX – Samsung printers suitable cartridges Print About has offered and sold , also under the scope of claim 1 of EP 537 . It is not disputed that the cartridges have all the features of claim 1 . Print About the infringement only fought with its argument that the leakage problem described in the patent does not occur in its products . This proposition has been rejected above ( see paragraph 4:28 ff ) . Therefore, it may be in the middle of the argument , could cause the cartridges do not fall under the scope of EP 537 . Conclude if it was made ​​sufficiently plausible
    abuse of rights
    4.34. Print About Samsung has finally stated that abuse of rights is by calling now, this patent relates to an invention that addresses a non – existent problem . EP 537 The Samsung is purely to do in order to exclude competitors. Market for toner cartridges improper according Print About Samsung does this through a technical force due to a recess which only serves to prevent different shaped cartridges fit into its printers , according About Print . In the opening of the printer where the cartridge is inserted , is namely a projection .
    4.35. This argument fails About Print . In the above, the argument that the problem described in EP 537 does not occur , already rejected . In addition, Samsung has denied that application of the invention is necessary to fit . Cartridge in her printer It is in this context – as such undisputed – noted that cartridges with a recess in a different form than the claimed fit into its ML and SCX printers . Accordingly we may not be properly assumed that the claimed recess is necessary only for compatibility .
    conclusion
    4.36. Based on the foregoing, it must be concluded that for the moment About Printing has made EP 537 infringement. This implies that the claimed indication of contact suppliers of products that infringe the patent will be granted. However, the related performance period will be extended and the penalty will be limited and capped.
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    4.37. The remaining claims will be rejected . As has already been considered ( see paragraph 4.6) , Samsung has no compelling interest in the claimed indication of numbers of products , prices , revenues and profits . Allocation of the order to publish a notice on the website of Print About, giving customers and recall of infringing products , is not considered necessary in this case in view of the fact that – as Print About argued without contradiction – most customers of Print About no professional customers are . Allocation of the advanced order for destruction of infringing products is not considered opportune , in view of the fact that all substantive proceedings between the parties is pending .
    4.38. Progress on EP 744 should be rejected because subsequent preliminary judgment not infringed ( see paragraph 4.8 et seq.) The claims relating to Community designs and comparative advertising to be rejected for lack of urgent interest ( see paragraph 4.5) .
    4.39. Given the fact that both parties points have been unsuccessful , the costs will be offset in the sense that each party bear its own costs .
    4.40. There is no time to be determined , because Samsung has made ​​. Initiate proceedings already set a requirement in the main
    5 . the decision
    The Injunction
    5.1. recommends Print About the lawyers of Samsung within eight weeks after service of this judgment to provide a list of suppliers of the 537 infringing products on the EP , under specification of name and address , the statement will include an unqualified statement by an independent chartered accountant, penalty of an immediately payable penalty of € 1000 , – for each day or part thereof that this order by Print About not timely , fully or correctly fulfilled, with a maximum of € 50 000 , – ;
    5.2. declares this judgment provisionally enforceable;
    5.3. indicates the lake or other claims ;
    5.4. offsets the costs in the sense that each party bear its own costs .
    This judgment was delivered by Mr. P. H. Block and outspoken in his absence in public by PGJ de Heij on January 9, 2014 in the presence of the Registrar, Mr. RP Soullié .

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