STATIC CONTROL CORP WANTS $ 17,463,580.00 FROM LEXMARK CORP

[Anonymous]

http://www.therecycler.com/news/15077/Static-Control-files-for-Lexmark-compensation-and-counterclaim-review.aspx

STATIC CONTROL CORP WANTS $ 17,463,580.00 FROM LEXMARK CORP
Static
Control Components has cited vastly underestimated compensation and the
dismissal of counterclaims as serious issues in its Lexmark case in a
review request with the US Court of Appeals. The appeal relates to the
outcome of Static and Lexmark’s long running legal action, which began
with Lexmark accusing Static of copyright violations relating to its
Prebate cartridges in 2002.The court eventually ruled in Static’s favour
in 2007, but there have been continued disputes. Full details can be
read here.On January 12, Static filed a brief with the Court of Appeals
for the Sixth Circuit stating that the district court had “abused its
discretion” by setting damages at less than two percent of the requested
amount.The damages relate to an injunction from Lexmark restricting
sales of Lexmark compatible chips and components for two years, which
was later overturned.

In the filing, Static states: “The court
was obligated to set the bond at a level sufficient to compensate Static
Control’s damages from an injunction.“Static Control presented
unrebutted evidence that it would suffer lost profits of $17,463,580 if
the injunction persisted for two years (as it did), which caused the
district court to find that the injunction would cost Static Control
‘substantial lost profits,’” the company continued.Static Control also
accuses the court of making a serious error by dismissing the company’s
counterclaims against Lexmark. Static contended that it had cause to sue
for “violations of federal and state antitrust, false advertising, and
unfair trade practices laws”.

Static claimed that Lexmark’s
“anticompetitive” dealings were not only a serious threat to Static
Control’s business but also “threatened to eliminate the entire
Lexmark-compatible remanufacturing industry”.Finally, Static contends
that if the counterclaim dismissal was overturned, the jury’s factual
findings on patent misuse relating to the counterclaims would become
binding under the Seventh Amendment.Most recently, Lexmark requested a
retrial for Static’s 2007 victory on several ground, but was rejected on
all counts.

http://www.therecycler.com/news/15077/Static-Control-files-for-Lexmark-compensation-and-counterclaim-review.aspx

[Author]

January 19, 2011 at 8:45 AM