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DECISION YOU'LL MAKE THIS YEAR
Int’l ITC, a member of the Owners Rights Initiative, encourages you to share your concern about the first sale doctrine with your elected officials and customers:
Static Control Responds to Supreme Court Decision to Hear Lexmark International Inc. v. Static Control Components, Inc.
SANFORD, N.C. – (June 3, 2013) – The Supreme Court today agreed to hear Lexmark International Inc.’s appeal of Lexmark International, Inc. v. Static Control Components, Inc., the August 29, 2012 decision of the U.S. Court of Appeals for the Sixth Circuit that re-instated three of Static Control’s unfair competition counterclaims against Lexmark.
Although the legal disputes between Lexmark and Static Control have centered primarily on allegations by Lexmark of patent infringement, copyright infringement, and violations of the Digital Millennium Copyright Act, none of those issues is involved in the case before the Supreme Court. All of the jury verdicts in favor of Static Control and against Lexmark on those claims remain final. The Court’s action also does not affect the district court’s determination that Lexmark’s “Prebate” program is not enforceable as a patent license under patent law, a decision that the Sixth Circuit let stand.