COURT DENIES LEXMARK……AGAIN !

[Anonymous]

Court Denies Lexmark, Rules for SCC Again

For the second time in less than six weeks, a court has ruled in favor of Static Control Components in its ongoing legal battle with Lexmark.

On Dec. 3, 2004, Chief Judge Karl Forester of the U.S. District Court for the Eastern District of Kentucky denied Lexmark”s motion for a preliminary injunction banning Static Control from manufacturing redesigned microchips for Lexmark printers. The ruling comes 38 days after a 6th U.S. Circuit Court of Appeals vacated a previous preliminary injunction involving an earlier version of microchips.

Lexmark filed the most recent motion in April 2004 asking the court to enjoin SCC rom “making, selling, distributing, importing, marketing, [or] offering for sale” its redesigned microchips intended for use in Lexmark’s E220, E320/322, E321/323,T420, T520/522, T620/622 and T630/632 printers and their cartridges.

Lexmark argued that SCC”s redesigned microchip violated the Digital Millennium Copyright Act (DMCA). Lexmark also claimed SCC”s marketing of the redesigned microchip induced the infringement of Lexmark”s patents by encouraging end users to violate their “Prebate agreements” with Lexmark.

“No other company”s chips have been tested in the courts the way SCC”s chips have,” said SCC General Counsel William London. “We remain confident that all the legal issues in this case will, ultimately, be resolved in our favor. Rest assured, we will continue to vigorously pursue this litigation.

 

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New MFPs and Cartridges from Lexmark

Lexmark released three new workgroup multifunction
network printers: the X632s, X634e and X634dte.
The X632s prints and copies up to 40 pages per minute
and the X634e and X634dte print up to 45 ppm.

The three new models use the T630/632/634 cartridges,
which include an extra-high-yield, high-yield and
regular-yield version. The extra-high-yield cartridge
yields 32,000 pages and retails for $355. The high-yield
cartridge yields 21,000 pages and retails for $330, and
the regular cartridge yields 5,000 pages and retails for
$99. All three cartridges are part of Lexmark’s Return
Program. Lexmark states that the declared yield for all
three cartridges is in accordance with ISO/IEC 19752
for monochrome toner cartridge yield; this is the standard
adopted by Lexmark and several other OEMs in July 2004.

[Author]

January 21, 2005 at 10:48 AM