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Lexmark Loses Patent Case Regarding Resale of Toner Cartridges
The U.S. Supreme Court ^ | 5/30/2017 | Supreme Court

Posted on 05/30/2017 9:45:54 PM PDT by zeugma

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The above is from the syllabus as published by the Supreme Court. The entire decision can be found at the referenced link.

I posted this, because it's a pretty big decision for those of us concerned about the scope-creep of patent and copyright law.

The bottom line is that Lexmark was attempting to sue a third party that was refilling empty toner cartridges, because Lexmark had patents on parts of the toner cartridge. The supreme Court essentially told them "No. Once you've sold the thing, it is no longer under your control." That's a good thing IMO, as it makes sense when compared to previous decisions concerning other physical property such as books and records. (The 'doctrine of first sale' is mentioned above). That means that once you've read a book, you can take it to a used bookstore and they can sell it to someone else, and the publisher can't do a thing about it, much to their dismay.

I understand that there is a suit ongoing right now with John Deer regarding the issue of owners and others being able to legally repair their own tractors. I believe this decision bodes ill for the John Deer. They may want to rethink their policies.

There are other, similar implications elsewhere in the computer world. HP, Lexmark, and other printer manufacturers have been screwing their customers (IMO) for years. This decision puts them on notice that they'll have a really hard time using patent law as a bludgeon against their customers.

This was a unanimous decision, though the leftists dissented in part. I haven't read their comments and probably won't because I doubt there will be anything in their comments based on fact or the law. I'm not interested in their whacked out emotional states. Goresuch did not participate. Most likely because he was not present for oral arguments on this case. Given how the case was decided, his input wasn't really needed in any case.

1 posted on 05/30/2017 9:45:54 PM PDT by zeugma
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To: zeugma

This was a unanimous decision, though the leftists dissented in part. I haven’t read their comments and probably won’t because I doubt there will be anything in their comments based on fact or the law. I’m not interested in their whacked out emotional states.

...

LOL! That’s funny because it’s true.


2 posted on 05/30/2017 9:55:54 PM PDT by Moonman62 (Make America Great Again!)
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To: Moonman62
I'm going to comment like crazy on this as soon as I finish copying out the ruling by hand.
3 posted on 05/30/2017 10:03:07 PM PDT by golux
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To: zeugma

Interesting and I think it is a good decision. The notion of “first sale” protects the intellectual property investment made by the inventor, just like the book example, so fairness is provided. Lexmark could probably have made as much money by setting up an equitable open market toner cartridge refurbishment program than by trying to stretch patent law to give them a monopoly (especially under such restrictive terms).


4 posted on 05/30/2017 10:07:40 PM PDT by bigbob (People say believe half of what you see son and none of what you hear - M. Gaye)
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To: zeugma

Thanks for posting. I expect Apple’s attorneys are glad it came out this way. Qualcomm won’t like it nearly as much!


5 posted on 05/30/2017 10:15:50 PM PDT by House Atreides (Send BOTH Hillary & Bill to prison.)
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To: zeugma

Great place to buy refill ink that lasts like the original at more then half off the price of the OEM versions.
http://www.4inkjets.com


6 posted on 05/30/2017 10:19:53 PM PDT by minnesota_bound
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To: zeugma

Good post. I surmise that the decision also bodes ill for the patent over reach by Monsanto and other seed producers.


7 posted on 05/30/2017 10:23:23 PM PDT by Rockingham
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To: golux

You may only lease the opinion, subject to the n-page EULA...


8 posted on 05/30/2017 10:24:58 PM PDT by Paladin2 (No spelchk nor wrong word auto substition on mobile dev. Please be intelligent and deal with it....)
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To: zeugma
Under the first sale doctrine, when a copyright owner sells a lawfully made copy of its work, it loses the power to restrict the purchaser's right "to sell or otherwise dispose of . . . that copy." 17 U. S. C. §109(a).

Software? How does this not apply to software? They say you're leasing the software, but it's a defacto sale.

9 posted on 05/30/2017 10:51:43 PM PDT by DeltaZulu
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To: DeltaZulu

I immediately thought of this when I saw the decision. Software companies have long hid behind copyright laws while the first sale doctrine has been all but ignored. Don’t think this decision doesn’t have some attorneys up late.


10 posted on 05/30/2017 11:43:26 PM PDT by hsrazorback1 (...and I'm spent.)
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To: DeltaZulu

But LexMark does not manufacture it’s engines. The are actually manufactured by Canon USA Inc. It’s an OEM. The cartridges for those engines are also manufactured by Canon.


11 posted on 05/30/2017 11:50:35 PM PDT by Doc91678 (Doc91678)
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To: zeugma

Could this principle be used to break the Home Owner Association scam on the ownership of real estate.


12 posted on 05/31/2017 12:05:23 AM PDT by fella ("As it was before Noah so shall it be again,")
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To: zeugma

Reading the article I was wondering if it would have any impact on the John Deere situation.


13 posted on 05/31/2017 1:50:56 AM PDT by Lockbox
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To: zeugma

How does this fit with copyright laws and books, magazines, newspapers sold?


14 posted on 05/31/2017 3:39:15 AM PDT by tired&retired (Blessings)
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To: Moonman62

I have an Epson Artisan 837 printer. It does fantastic photos, edge to edge. The main reason I bought it, however, is that I can print CD’s.

A full package of LOW CAPACITY ink cartridges is roughly $80. A couple of years ago I took a chance on refilled cartridges on amazon. The results were amazing. Absolutely no difference.

Now I get TWO sets of cartridges, the black being high capacity, for $20.

The high price of ink used to be a major issue for me. ThanksI don’t even think about the cost of ink any more.


15 posted on 05/31/2017 4:41:36 AM PDT by Mr. Douglas (Best. Election. EVER!)
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To: minnesota_bound

See my post 15. For me it’s all amazon. And I’ve tried two brands with the same result. And it’s not half off. It’s more like 80% off.


16 posted on 05/31/2017 4:42:58 AM PDT by Mr. Douglas (Best. Election. EVER!)
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To: DeltaZulu

Software, as commonly distributed nowadays, is not a physical item. You are leasing the right to use it. You can’t copy it legally, whether you lease or buy.

If these “refilling” companies were buying one cartridge and making physical copies, they would be at the losing end of this one.

There are other differences as well. e.g. software does not “run out” as you use it.


17 posted on 05/31/2017 4:49:53 AM PDT by Mr. Douglas (Best. Election. EVER!)
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To: tired&retired

How does this fit with copyright laws and books, magazines, newspapers sold?


Media does not “run out” as you use it.

Where Lexmark WOULD have a case is if the actual ink is protected. I don’t think it is. Frankly, buying and refilling used cartridges is the equivalent of buying and refurbishing used cars.


18 posted on 05/31/2017 4:53:12 AM PDT by Mr. Douglas (Best. Election. EVER!)
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To: zeugma

Lexmark doesn’t even sell printers anymore. At least I haven’t seen them in Staples, Best Buy or Office Depot. Good printers when they were sold...


19 posted on 05/31/2017 4:54:08 AM PDT by Deplorable American1776 (Proud to be a DeplorableAmerican with a Deplorable Family...even the dog is DEPLORABLE :-))
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To: zeugma

——Once you’ve sold the thing, it is no longer under your control.——

Then why is it that placing the DVD of a movie that you purchased on the internet in full view of the world is a violation? Why is copyright different than patent law? When you buy the DVD why doesn’t copyright extinguish?

I think that this has been the view of Taiwan for years and years.


20 posted on 05/31/2017 5:08:50 AM PDT by bert (K.E.; N.P.; GOPc;WASP .... The Fourth Estate is the Fifth Column)
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