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SCC Claims Another Victory in “Smart Chip” Debate

19 Nov, 2003

SCC Claims Another Victory in “Smart Chip” Debate

Static Control Components has claimed another victory against Lexmark when the   United States Copyright Office ruled that section 1201(f) of the Digital Millennium Copyright Act (DMCA) allowed aftermarket companies to develop software for the purpose of allowing the functional interoperability of remanufactured toner cartridges and printers.

The ruling on October 28, comes about after Lexmark filed suit against Static Control in December 2002, citing DMCA violations and Static Control filed for an exemption with the Copyright Office. According to SCC the favorable decision supports Static’s position that it is entitled to sell replacement chips for use in used Lexmark toner cartridges. “The ruling makes a significant impact on SCC’s fight with Lexmark,” said William “Skip” London, general counsel for SCC. This ruling does not, however, invalidate Lexmark's lawsuit on injunction against SCC.

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