Lexmark International has sent threatening letters to companies that bought cores from Canadian-based Greentec. The OEM is trying to enforce its patent rights for cartridges and cores that were first sold outside the United States and therefore perhaps outside of the patent exhaustion doctrine’s jurisdiction. This area of law is unsettled, and Lexmark is taking a very aggressive action based on shaky authority. The Int’l ITC is working once again to counter this major threat from Lexmark.
Litigation between the aftermarket and the OEMs has been a hallmark of our adversarial relationship from the inception of the imaging supplies marketplace. The battle lines, parties and issues were often clearly delineated. The recent Canon lawsuits, however, make it more difficult to determine whether even legitimate remanufacturers may be unwittingly infringing OEM patents.
In this month’s Judge’s Corner, Tricia Judge provides some context regarding past and current lawsuits that impact core restrictions and prices. The Int’l ITC is preparing a friend-of-the-court brief in the Wiley & Sons case. Read more about the implications of these lawsuits and how you can get involved and help the industry.
This year, World Expo is offering more than 70 classes presented by industry leaders and veterans. Want to learn more about legal issues, business management, hardware and supplies solutions, document and print management, and other industry topics? Check out World Expo’s education lineup and reserve your spot today!
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