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Supreme Court Rejects Lexmark's Petition


Lexmark's shameless use of DCMA should come to an end now. Someday the DCMA itself should come to an end.

Supreme Court Rejects Lexmark's Petition

Supreme Court Rejects Lexmark's Petition
Monday June 6, 8:53 am ET

SANFORD, N.C., June 6 /PRNewswire/ -- The United States Supreme Court has rejected Lexmark's petition for certiorari, upholding Static Control's position against the Digital Millennium Copyright Act (DMCA) and copyright issues raised by Lexmark in connection with Static Control's sale of Lexmark compatible chips.

(Logo: http://www.newscom.com/cgi-bin/prnh/20030305/CHW018LOGO )

The latest ruling marks the fifth straight victory for North Carolina- based Static Control Components Inc. and the end of Lexmark's attempts to use the DMCA to create a monopoly in aftermarket supplies. Static Control now offers the only Lexmark compatible chips that have been cleared by the courts under the DMCA or copyright.

In October, the 6th U.S. Circuit Court of Appeals in Cincinnati, Ohio, overturned a preliminary injunction banning the sale of Smartek replacement chips by Static Control Components for the Lexmark cartridges based upon Lexmark's claims under the DMCA and copyright. The 6th Circuit opinion turned, in part, on the design of the Static Control chips.

Lexmark appealed to the full body of the 6th Circuit to rehear the case, and that request was denied in February 2005.

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