U.S. Supreme Court to Hear Lexmark v Static Control Suit

On June 3, 2013, the U.S. Supreme Court agreed to take up the lawsuit between printer maker Lexmark International and Static Control Components. The legal battle, which centers on microchips placed inside toner cartridges by Lexmark, has been going on for more than a decade.

Lexmark appealed a March 2012 decision by the U.S. 6th Circuit Court of Appeals in Cincinnati to reinstate a trademark infringement lawsuit brought by Static Control against Lexmark.

Lexmark spokesperson Jerry Grasso said the company does not comment on ongoing litigation. No comments were given by the spokesman for Static Control.

Lexmark began placing the smart chips in toner cartridges in 2002 to stop companies from refilling the cartridges and reselling them to Lexmark customers.

Then Lexmark changed its chips to prevent other companies from refurbishing the toner cartridges. Static Control altered its methods and kept selling refurbished toner cartridges to Lexmark customers.

Static Control won the 2002 case. Static Control sued Lexmark again in 2004, seeking a ruling that its modified chips did not violate Lexmark’s copyright. Lexmark countersued Static Control, alleging patent infringement by the North Carolina Company.