Score one for the little guys. In a precedent-setting decision handed down this morning, the U.S. Supreme Court ruled that a company's patent rights are forfeited once they sell an item to a consumer under the "first sale" doctrine. This idea was central to Impression Products, Inc. v Lexmark Int'l, Inc. and is a major blow to companies that sell their printers for (relatively) low prices and then recoup any losses on the sale of expensive ink and toner cartridges. [...]
"Extending the patent rights beyond the first sale would clog the channels of commerce, with little benefit from the extra control that the patentees retain," wrote Chief Justice John Roberts. In his opinion, Chief Justice Roberts contended that Lexmark's heavy-handed approach to discouraging cartridge remanufacturers only emboldened them to find new and innovative ways to circumvent the company's defenses.
A patent holder that restricts the reuse or resale of its printer ink cartridges can't invoke patent law against a remanufacturing company that violates the restriction, the U.S. Supreme Court ruled on Tuesday.
The court ruled that Lexmark International's patent rights are exhausted with its first sale of the cartridges, despite restrictions it tried to impose.
Chief Justice John G. Roberts Jr. wrote the opinion (PDF), joined in full by six justices. Justice Neil M. Gorsuch didn't participate in the case.
Additional coverage by Consumerist.
Doesn't the Supreme Court care how many lawyers this will put out of work? Think of the Lawyers! And the effect on commerce for those selling ink at $8,000 a gallon.
(Score: 2) by MichaelDavidCrawford on Tuesday May 30 2017, @10:23PM (5 children)
My printer was in a storage locker for quite a long time, and would no longer print anything at all.
I paid about ninety bucks for a complete set of ink. Now it mostly prints but a few jets on black don't work. It's kinda sorta OK for me but I want my essays to look nice when I give them to friends - presentation is everything.
I have a close friend who wants to read my essays. She doesn't have a computer.
Some people choose not to.
Yes I Have No Bananas. [gofundme.com]
(Score: 2) by richtopia on Tuesday May 30 2017, @10:42PM (4 children)
My last inkjet had that problem: I only used it a few times a year and the ink would dry out.
Then I dug out my father's dot matrix printer. It took a little trial an error to get the margins right in Linux but even after 10 years of storage it still printed, problem solved.
As much as I want you to go out and enjoy the glory that is dot matrix, I've now switched to laser for the same reason and it is honestly the correct choice. On sale monocrome laser printers are quite affordable, and third party toner is not terribly expensive at the rate I print.
(Score: 2) by MichaelDavidCrawford on Tuesday May 30 2017, @10:45PM (1 child)
I have a laser printer that I used for years with only the toner that it came with.
Unfortunately it's in storage and cannot be quickly retrieved. Quite likely that particular toner cartridge is no longer manufactured.
Thanks for reminding me, I'll start shopping around.
Yes I Have No Bananas. [gofundme.com]
(Score: 2) by compro01 on Wednesday May 31 2017, @04:07AM
I wouldn't bet on that. Cartridges for the HP Laserjet III (released in 1990) are still obtainable. Unless it's a seriously obscure manufacturer, odds are someone still makes or refills cartridges for the thing.
(Score: 2) by MichaelDavidCrawford on Wednesday May 31 2017, @02:37AM
I can buy a brand-new laser printer for less than what that ink cost me.
I have a good contract now, maybe I'll get a color laser. I'm in no hurry so I can shop intelligently.
Yes I Have No Bananas. [gofundme.com]
(Score: 2) by mhajicek on Wednesday May 31 2017, @05:46AM
Hmm, I wonder if I could get ink for the Xerox Memory Writer. Used to use that as a printer for the IBM PC.
The spacelike surfaces of time foliations can have a cusp at the surface of discontinuity. - P. Hajicek