The Supreme Court weighs in on 3rd party toner refills

prwhite

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A Supreme Court ruling in a case—Impression Products v. Lexmark—hands a victory to consumers using 3[SUP]rd[/SUP] party, refilled toner cartridges. The case has huge implications for user rights and product & technology ownership, in general.

Impression Products buys up used toner cartridges refills & sells them at a lower price than Lexmark. But Lexmark argued that by refurbishing & reselling Lexmark's cartridges, without permission, that Impression Products was violating Lexmark's patent. Lexmark argued that its patent rights extended beyond the initial sale & covered future re-sales.

The practical question the Supreme Court had to consider was: how much can a company control what purchases do with products once they are bought. This debate isn't limited to printer cartridges, but extends to all products. The Supreme Court disagreed with Lexmark’s patent infringement argument and ruled in favor of the defendant, Impression Products.
 
I'm surprised that Lexmark's lawyers didn't say that re-use of their cartridges is a violation of an agreement between the consumer and them that the cartridges were not to be re-used in any way, but simply disposed of (stolen cartridges), AND that the cartridges bear leftover copyright graphic elements that are being used without permission because the cartridges were to have been destroyed, thus leading to possible confounding of final users as to the provenance of the toner inside the cartridge and damaging the commercial image of Lexmark.

See what a little law school can do to destroy a good boy?
 

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