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Judge denies Lexmark's Preliminary Motion

7 Jan, 2005

Judge denies Lexmark's Preliminary Motion

Sanford, NC—In a ruling issued on December 3rd, Chief Judge Karl Forester of the United States District Court for the Eastern District of Kentucky denied Lexmark's motion for a preliminary injunction.

Lexmark, on August 31, 2004, had filed the motion in this, the second of two ongoing legal battles between SCC and Lexmark. The setback for the Lexington-based company comes on the heels of the Sixth Circuit ruling late October vacating the Preliminary Injunction that was issued by Judge Forester in February of 2003. 

Lexmark had asked Judge Forester to enjoin SCC from "making, selling, distributing, importing, marketing, [or] offering for sale" its redesigned microchips intended for use with Lexmark's E220, E320/322, E321/323,T420, T520/522, T620/622 and T630/632 printers and their cartridges.

As a basis for the injunction, Lexmark had argued that SCC's redesigned microchip violated the Digital Millennium Copyright Act. In addition, Lexmark claimed that SCC's marketing of the redesigned microchip induced the infringement of Lexmark's patents by encouraging end users to violate their "Prebate agreements" with Lexmark.

Judge Forester denied the motion without conducting a hearing on these issues.  Judge Forester gave Lexmark leave to re-file the motion if it wished to.

“No other company's chips have been tested in the courts the way SCC's chips have,” said SCC General Counsel William London.  “We remain confident that all the legal issues in this case will, ultimately, be resolved in our favor. Rest assured, we will continue to vigorously pursue this litigation against Lexmark on behalf of SCC and our customers.”

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