LEXINGTON, Ky., June 22 /PRNewswire-FirstCall/ -- Lexmark International, Inc., said today that the effect of decisions in litigation in the U.S. District Court, Eastern District of Kentucky, Frankfort, Ky., is to affirm the legality of Lexmark's Return Program for laser printer toner cartridges and to affirm that certain remanufacturers are violating Lexmark patents when they remanufacture Lexmark Return Program toner cartridges.
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Central to the litigation brought by Lexmark against Static Control Components Inc. is Lexmark's popular Return Program for laser printer toner cartridges under which customers can get discounted cartridges in return for agreeing to return the used cartridges only to Lexmark for remanufacturing or recycling. Lexmark uses the returned laser printer toner cartridges in its own remanufacturing business. Lexmark has always offered laser printer toner cartridges without a discount that may be remanufactured by anyone, assuring both customer choice and the opportunity for fair competition.
Over the course of the litigation, the court ruled that Lexmark's patents were valid, covered Lexmark's toner cartridges and that Lexmark's patent license under the Lexmark Return Program was valid and enforceable. Although the jury found that Lexmark had failed to prove that Static Control had induced its customers to infringe Lexmark's patents, the court found that Static Control engaged in direct patent infringement and that certain third parties who engaged in the remanufacture of Lexmark's Return Program laser printer toner cartridges were in direct violation of Lexmark's patent rights. Three remanufacturers who were parties in the lawsuit earlier, NER Data Inc., Pendl Companies Inc. and Micro Solutions Enterprises (MSE)/Wazana Brothers International Inc., settled and admitted the validity and enforceability of the Lexmark patents and the Lexmark Return Program. In addition, Static Control's antitrust and false advertisement allegations against Lexmark were dismissed by the court.
"Lexmark's Return Program benefits customers, is good for the environment and is fair to the competition. The impact of the decisions of the court is both meaningful and positive. We will continue to pursue claims whenever and wherever necessary to protect Lexmark's intellectual property," said Vincent J. Cole, Lexmark vice president and general counsel.
Lexmark originally filed suit in U.S. District Court, Eastern District of Kentucky, in 2002.
About Lexmark
Lexmark International, Inc. provides businesses and consumers in more than 150 countries with a broad range of printing and imaging products, solutions and services that help them to be more productive. In 2006, Lexmark reported $5.1 billion in revenue. Learn how Lexmark can help you get more done at http://www.lexmark.com/.
Lexmark and Lexmark with diamond design are trademarks of Lexmark International, Inc., registered in the U.S. and/or other countries. All other trademarks are the property of their respective owners.
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