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Appeals court declines rehearing in toner cartridge
lawsuitLEXINGTON, Ky.-A ruling by a federal appeals court means a North
Carolina-based company can continue competing for the remanufactured cartridge
business.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.U.S.
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.”
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