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Appeals court sides with Lexmark on printer cartridges

31 Aug, 2005

Appeals court sides with Lexmark on printer cartridges

The Ninth Circuit Court of Appeals today upheld a program through which Lexmark International Inc. offers customers lower-priced laser printer cartridges in exchange for agreeing to return the used cartridges only to Lexmark for recycling.

The Arizona Cartridge Remanufacturers Association had challenged Lexmark's Cartridge Return Program in 2001, saying the company had used “false and misleading” statements about pricing and environmental effects to sell the cartridges.

The San Francisco-based appeals court agreed with a lower court that the association, whose members refurbish cartridges, had failed to prove that Lexmark had used deceptive or unfair business practices.

“This is a victory for customers and their right to choose ...,” said Vincent J. Cole, Lexmark vice president and general counsel. “Lexmark's program is good for customers, good for the environment, and fair to the competition.”

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