6th Circuit Declines Rehearing in Toner Cartridge Lawsuit

A federal appeals court has refused to reconsider its ruling that allowed a North Carolina company to make and sell computer chips that enable recycled toner cartridges to work in Lexmark International printers. The ruling by a three-judge panel of the 6th U.S. Circuit Court of Appeals allows Static Control Components to keep competing for the remanufactured cartridge business. Lexmark filed suit in 2002 accusing Static Control of violating copyright law along with the Digital Millennium Copyright Act.

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A federal appeals court has refused to reconsider its ruling that allowed a North Carolina company to make and sell computer chips that enable recycled toner cartridges to work in Lexmark International printers. The ruling by a three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati, Ohio, allows Static Control Components of Sanford, N.C., to keep competing for the remanufactured cartridge business. Lexington, K.Y.-based Lexmark filed suit in 2002 accusing Static Control of violating copyright law along with the Digital Millennium Copyright Act. U.S. District Judge Karl Forester issued a preliminary injunction in March 2004 blocking Static Control from selling the computer chips. The appeals court overturned that decision in October and upheld its decision on Feb. 15. “They can ask the Supreme Court to consider the case but no guarantee they will even hear the case,” Static Control lawyer Skip London said. “We are extremely pleased.” Copyright 2005 Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.

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