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 user 2005-02-23 at 10:10:00 am Views: 56
  • #10478

    Appeals court declines rehearing in toner cartridge

    LEXINGTON, Ky. — A ruling by a federal appeals court means a North
    Carolina-based company can continue competing for the remanufactured cartridge

    A three-judge panel of the 6th U.S. Circuit Court of Appeals in
    Cincinnati has refused to reconsider its ruling vacating an injunction against
    Static Control Components. The company, based in Sanford, N.C., was barred last
    year from making or selling computer chips that match remanufactured toner
    cartridges to Lexmark International printers.

    Lexmark, based in
    Lexington, Ky., filed a lawsuit in 2002 accusing Static Control of violating
    copyright law along with the Digital Millennium Copyright Act.

    District Judge Karl Forester issued a preliminary injunction in March 2004
    blocking Static Control from selling computer chips that match remanufactured
    toner cartridges to Lexmark printers.

    The appeals court overturned that
    decision in October and upheld its decision on Feb. 15.

    “They can ask the
    Supreme Court to consider the case but no guarantee they will even hear the
    case,” Static Control lawyer Skip London said. “We are extremely pleased.”