Impression Products Moves to Dismiss Lexmark Again

Impression Products has moved to dismiss Lexmark’s case against them for a second time in the US District Court of Southern Ohio. Previously, Lexmark accused Impression of selling infringing, remanufactured cartridges, which were originally sold as new cartridges outside of the United States. Lexmark then informed the court it was also pursuing cartridges under its pre-bate program (which Imopression believes restricts purchasers from buying refurbished or replacement cartridges from anyone but Lexmark).

However, following the United States Supreme Court decision to invalidate pre-bate programs (as per Quanta v. LG Electronics) and since Lexmark has specifically raised the pre-bate issue, Impression is asking again for a dismissal of the case against them.