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posted by n1 on Tuesday May 30 2017, @09:15PM   Printer-friendly
from the think-of-the-poor-rent-seeking-monopolists dept.

HotHardware.com reports:

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.

ABA Journal reports:

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.


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  • (Score: 2) by Magic Oddball on Wednesday May 31 2017, @01:01AM (2 children)

    by Magic Oddball (3847) on Wednesday May 31 2017, @01:01AM (#518016) Journal

    Wouldn't you rather buy a (lets suppose) $200 printer once, and then inexpensive ink so that you could afford to print as much as you like?

    A hell of a lot of people (including me) don't have enough discretionary income to spend much over $100 (if even that) on a printer these days — and finding out which models are worthwhile that allow third-party cartridges can require more time & energy than many people can (or wish to) dedicate to the task.

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  • (Score: 3, Informative) by schad on Wednesday May 31 2017, @02:57AM

    by schad (2398) on Wednesday May 31 2017, @02:57AM (#518058)

    If you print something only once every few years, use a service like FedEx Office or borrow somebody's printer. For many years this is what I did, since I only needed a printer (and scanner and fax machine) to fill out paperwork for HR when I changed jobs.

    If you print frequently, surf Craigslist for used office lasers. You can find one for under $50. I was going to go this route, but then work offered to buy me a printer for my home office so I did that instead.

    For photo printing, use a service. It costs around a quarter per print. I doubt you can beat that price no matter how "cheap" ink gets.

  • (Score: 2) by AthanasiusKircher on Wednesday May 31 2017, @03:56AM

    by AthanasiusKircher (5291) on Wednesday May 31 2017, @03:56AM (#518086) Journal

    finding out which models are worthwhile that allow third-party cartridges can require more time & energy than many people can (or wish to) dedicate to the task.

    Look up your printer on some other online store that sells your printer and has reviews and links to "recommended items" that will often include compatible cartridges. You can then generally click on the 3rd party cartridge and discover whether people reviewing it says it actually works. It literally might take a couple minutes per printer option you're considering.

    If your budget is so constrained that a $100 printer is barely affordable, investing 10-20 minutes in looking up easily findable info online before making a purchase is probably a good time investment, considering how much money it will likely save you down the road.