all Sales Of Lexmark Reman Toners To Be Banned In 60 Days

[Anonymous]

all import sales of remanufacture and compatible lexmark toners to be banned in the U.S. in 60 days
U.S. International Trade Commission rules in Lexmark’s favor.ITC issues General Exclusion Order banning importation and sale of infringing laser toner cartridges for Lexmark manufactured devices
LEXINGTON, Ky., Sept.  2011 — Lexmark International, Inc. announced today that the United States International Trade Commission (ITC) has ruled in its favor in connection with litigation initiated by Lexmark last year against 24 companies engaged in the manufacture, importation and sale of replacement laser toner cartridges for various Lexmark devices.

On September 27, 2011, the ITC issued a Final Determination holding that these replacement laser toner cartridges infringe at least 15 U.S. patents owned by Lexmark. Accordingly, the ITC issued a General Exclusion Order that bans all imports of infringing cartridges by any party, as well as a Cease and Desist Order that bars the named parties from selling infringing cartridges.

The accused cartridges covered by the ITC’s orders include:

Remanufactured, cloned (new), counterfeit, and/or compatible laser toner cartridges, and Empty cartridges or components first sold outside the United States,

for use in any of the following Lexmark laser printer and multifunction devices: T520, X520, T522, X522, T610, T612, T614, T616, T620, X620e, T622, T630, T632, T634, T640, T642, T644, E120, E220, E230, E232, E234, E238, E240, E250, E320, E322, E321, E323, E330, E332, E340, E342, E350, E352, and/or E450 or similar laser printers manufactured by Lexmark for third parties.

After a standard 60-day Presidential review period, the ITC orders will take full effect. Lexmark will coordinate with U.S. Customs & Border Protection on enforcement of the ITC’s orders, and will work vigorously to prevent any continuing infringement.

In addition to the ITC proceeding, Lexmark also filed a related patent infringement complaint against the same 24 companies in the U.S. District Court for the Southern District of Ohio, containing allegations similar to those in the ITC complaint and seeking injunctive relief, monetary damages and attorneys’ fees

[Author]

September 30, 2011 at 9:18 AM