Feeds

Lexmark suffers second knock back in DMCA case

On the ropes

  • alert
  • submit to reddit

Choosing a cloud hosting partner with confidence

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)

Security for virtualized datacentres

More from The Register

next story
WHY did Sunday Mirror stoop to slurping selfies for smut sting?
Tabloid splashes, MP resigns - but there's a BIG copyright issue here
Spies, avert eyes! Tim Berners-Lee demands a UK digital bill of rights
Lobbies tetchy MPs 'to end indiscriminate online surveillance'
How the FLAC do I tell MP3s from lossless audio?
Can you hear the difference? Can anyone?
Google hits back at 'Dear Rupert' over search dominance claims
Choc Factory sniffs: 'We're not pirate-lovers - also, you publish The Sun'
Inequality increasing? BOLLOCKS! You heard me: 'Screw the 1%'
There's morality and then there's economics ...
While you queued for an iPhone 6, Apple's Cook sold shares worth $35m
Right before the stock took a 3.8% dive amid bent and broken mobe drama
prev story

Whitepapers

Providing a secure and efficient Helpdesk
A single remote control platform for user support is be key to providing an efficient helpdesk. Retain full control over the way in which screen and keystroke data is transmitted.
Intelligent flash storage arrays
Tegile Intelligent Storage Arrays with IntelliFlash helps IT boost storage utilization and effciency while delivering unmatched storage savings and performance.
Beginner's guide to SSL certificates
De-mystify the technology involved and give you the information you need to make the best decision when considering your online security options.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.
Secure remote control for conventional and virtual desktops
Balancing user privacy and privileged access, in accordance with compliance frameworks and legislation. Evaluating any potential remote control choice.