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Under its Prebate Program (now known as the Lexmark Return Program), through a shrinkwrap license, Lexmark sold certain printer cartridges at a discount (as much as $50 less) [5] to customers who agreed to "use the cartridge only once and return it only to Lexmark for remanufacturing or recycling". Lexmark's "Non-Prebate" cartridges could be ...
All printer suppliers produce their own type of ink cartridges. Cartridges for different printers are often incompatible — either physically or electrically. Some manufacturers incorporate the printer's head into the cartridge (examples include HP, Dell, and Lexmark), while others such as Epson keep the print head a part of the printer itself.
The decision holds that Lexmark can enforce the "single use only" policy written on the side of Lexmark printer cartridge boxes sold to large customers at a discount, with the understanding that the customers will return the cartridges to Lexmark after using them (so that the cartridges would not be diverted, refilled, and then resold), or else ...
Arizona Cartridge Remanufacturers Association Inc. v. Lexmark International Inc., [1] 421 F.3d 981 (9th Cir. 2005) [2] was a decision by the United States Court of Appeals for the Ninth Circuit which ruled that an End User License Agreement on a physical box can be binding on consumers who signal their acceptance of the license agreement by opening the box.
Impression Products, Inc. v. Lexmark International, Inc., 581 U.S. ___ (2017), is a decision of the Supreme Court of the United States on the exhaustion doctrine in patent law in which the Court held that after the sale of a patented item, the patent holder cannot sue for patent infringement relating to further use of that item, even when in violation of a contract with a customer or imported ...
Later that month, however, the group retracted its call for a nationwide boycott and issued a statement conceding that residual ink left in Epson cartridges was necessary for the printers to function properly. [26] Epson designed ink to be left in the cartridges (having done so ever since the introduction of piezoelectric print heads) due to ...
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