« Demonstrably Insane, But Legal |
| Gaming, DRM, Piracy, and the Price of Working in PR »
August 31, 2012
Who Here Remembers Lexmark?
If you've been with us a very long time, you'll remember this case from back in 2004
. Lexmark made printers and ink cartridges and in order to stop people using 3rd-party replacement cartridges they jiggered up a UI that read information from a chip in the (their) ink cartridge. Static Control figured out what signals the printer wanted to get and made its own chipped cartridges that could be used. Lexmark sued, initially under a novel DMCA theory that tried to prevent SC or anyone else from reverse-engineering the printer-cartridge interface. They lost.
The case went back down to the trial level, Lexmark lost again, appealed up to the Sixth Circuit again, lost again. The case went back down. Meanwhile SC made new cartridges and started its own suit looking for a declaratory judgment that it was non-infringing. The suits got consolidated, and a jury trial was held, at which Lexmark lost again, and again appealed to the Sixth, which has just slapped them down again.
If anyone starts to think this more resembles a game of handball than an intellectual property case, I can't blame them.
+ TrackBacks (0) | Category: IP Markets and Monopolies
POST A COMMENT
- RELATED ENTRIES
- Why Make the Secondary Market?
- Lexi Alexander vs the Copyright Cartel
- Digital Homicide Studio v Fair Use
- The Art of Asking for "The Art of Asking"
- Two Copyright-in-Gaming
- Molly Crabapple's 14 Rules
- Should Copyfight Publish Stories to Benefit Charity?
- Eleventh Upholds Case-by-Case Infringement Review Concept