Feeds

Lexmark suffers second knock back in DMCA case

On the ropes

  • alert
  • submit to reddit

3 Big data security analytics techniques

A federal appeals court has denied Lexmark's request to consider reimposing an injunction against a firm that makes components that allow generic replacement ink cartridges to work in Lexmark printers. The ruling by the US Courts of Appeals, Sixth Circuit, leaves Lexmark's lawsuit against Static Control Components in bad shape.

In December 2002, Lexmark filed a lawsuit claiming that SCC’s Smartek 520/620 chips violated the US's controversial Digital Millennium Copyright Act. In February 2003, Judge Karl Forester issued a preliminary injunction banning Static Control Components from selling Smartek replacement chips for the Lexmark cartridges.

In October 2004, the Sixth Circuit lifted this injunction. Immediately following this ruling, Lexmark filed a motion for re-hearing. The Sixth Circuit denied that request in its latest ruling (made on 15 February).

Barring the intervention of the US Supreme Court, Lexmark's hopes of using the DMCA against Static Control Components have been dashed. The case is scheduled for trial in December of 2005 on what remains of Lexmark's claims, and on Static Control's countersuit that Lexmark violated state and federal antitrust and anticompetitive statutes.

"This is a very gratifying decision," said SCC chief exec Ed Swartz. "We have asserted from the outset that this is a blatant misuse of the DMCA. The Sixth Circuit's ruling and the court's decision not to hear Lexmark's request for another hearing solidifies and supports our position that the DMCA was not intended to create aftermarket electronic monopolies."

North-Carolina based Static Control Components employs 1,300 people and annual sales of $300m. The laser toner cartridge remanufacturing market is its cash cow. Static Control supplies over 3,000 replacements parts to over 10,000 remanufactures all over the world, according to the firm. ®

Related stories

Lexmark unleashes DMCA on toner cartridge rival
Lexmark wins Round 1 in DMCA chip case
Lexmark loses round 2 in DMCA chip case
Lexmark suffers setback in DMCA case
Printer ink seven times more expensive than Dom Perignon
EU recycles Lexmark ink cartridge probe

External links

Lexmark Vs SCC (background from the Electronic Frontier Foundation)

High performance access to file storage

More from The Register

next story
Dropbox defends fantastically badly timed Condoleezza Rice appointment
'Nothing is going to change with Dr. Rice's appointment,' file sharer promises
Audio fans, prepare yourself for the Second Coming ... of Blu-ray
High Fidelity Pure Audio – is this what your ears have been waiting for?
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Zucker punched: Google gobbles Facebook-wooed Titan Aerospace
Up, up and away in my beautiful balloon flying broadband-bot
Apple DOMINATES the Valley, rakes in more profit than Google, HP, Intel, Cisco COMBINED
Cook & Co. also pay more taxes than those four worthies PLUS eBay and Oracle
It may be ILLEGAL to run Heartbleed health checks – IT lawyer
Do the right thing, earn up to 10 years in clink
prev story

Whitepapers

Top three mobile application threats
Learn about three of the top mobile application security threats facing businesses today and recommendations on how to mitigate the risk.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
SANS - Survey on application security programs
In this whitepaper learn about the state of application security programs and practices of 488 surveyed respondents, and discover how mature and effective these programs are.