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Lexmark’s Assault on the Aftermarket May Come to an End
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The International Imaging Technology Council (Int’l ITC) broke news that “on February 21, FBA Holding filed a complaint against Lexmark International seeking a declaratory judgment that FBA’s activities do not infringe Lexmark’s patents. FBA was targeted by Lexmark for its purchase, remanufacture and resale of cores that may have been first sold outside the United States. Since Lexmark started this aggressive collection practice, many have wondered if its use of very tenuous first-sale laws was even correct, let alone fair. Now a decision against Lexmark in this case could turn the tide in favor of the aftermarket.” Tricia Judge, the executive director of the Int’l ITC, will explore this development further in the April issue of Recharger Magazine.
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