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Monday, October 3, 2011

Lexmark Receives ITC General Exclusion Order

Special Guest Post By:
Brad Roderick, Executive Vice President, InkCycle

To fully understand the current status of the Lexmark allegations dating back to October 2010, it is important to recognize that 24 companies were named in the original filing which comprised complaints around 15 patents. See the following link: “Lexmark Granted General Exclusion Order by ITC”.

According to Wall Street Journal Online, Lexmark had previously reached settlements with 10 of the 24 companies and that the US International Trade Commission has issued a ban on all imports of infringing cartridges. Our opinion is that these settlements likely included cease and desist agreements.

Reuters notes that the ban does not go into effect until after the 60-day presidential review of the ruling.

What this is not: According to Lexmark’s Press Release, while the ban would cover numerous models, this is not a complete and total ban of all remanufactured or alternative brand cartridges for use in Lexmark printers.

Implications? Our opinion is that it will now be the job of US Customs to monitor incoming shipments of Aftermarket or Alternative brands of cartridges for use in Lexmark printers in the U.S.; subsequent to the Presidential Review period. Certainly, the importation of products from manufacturers named in the suit as well as products being imported to those U.S. distributors named will be under scrutiny.

The comments above are the opinions of InkCycle and are not intended to be construed as legal advice. InkCycle neither represents nor warrants these comments as being anything other than opinions.

2 comments:

  1. Can you explain a little more on how this impacts us as Ink Cycle customers? So many names listed on the ITC ruling

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  2. Great question. Our opinion is that as an InkCycle reseller, this recent General Exclusion Order will have no impact on your ability to obtain InkCycle products. InkCycle was not involved in any of these legal proceedings and produces all “PR”, “TC” and “Grenk” brand remanufactured cartridges for use in Lexmark printers in the United States within legitimate right to repair guidelines and with full attention paid to Intellectual Property rights.

    -Brad Roderick, EVP @ InkCycle

    ReplyDelete