Posted by Mitch_MD on 9/4/05 6:14pm
Msg #63719

Refilling Ink Cartridges Now a Crime?

Lexmark has just won an important ruling which may impact the refilling/remanufacturing industry. They call it "Box-Wrap" patent infringement; "it’s when you ignore the terms written on the side of Lexmark printer cartridge box, refilling the cartridge with ink even when the company has designated it “single use only.” According to the Ninth Circuit ruling this week in ACRA v. Lexmark, opening the package means you agree to Lexmark’s wishes. And if you break that agreement, you could face claims under contract and patent law." (from http://tinyurl.com/d5p78)

Check out the decision from the 9th Circuit Court in PDF form here: http://tinyurl.com/dregk

Reply by Mindy_WA on 9/4/05 6:35pm
Msg #63720

That's rediculous! I guess I won't be buying a Lexmark. You know, it's a ploy to raise costs on everything. I went to the gas station to fill up...I won't even get into that. Do you know what they get for candy bars now? 85 Cents? Thats for the small ones. OK, I'm only 30 and I am able to say to my kids, Do you know what a candy bar cost in my day?....printer ink??? ...a gallon of gas??? This is making me feel OLD!!!

Reply by LawrenceOK on 9/5/05 8:30am
Msg #63752

Lexmark never had nor will they ever have any of my business. My sister bought one of the little inkjet ones and right out of the box it had problems. Paper feeder would grab multiple piece's of paper, or none at all. I can't count how many times she had to call tech-support, because when it did print it printed all those funny characters. Give me an HP or Brother any day.

Reply by Mitch_MD on 9/5/05 9:14am
Msg #63757

> I guess I won't be buying a Lexmark.
===
I suspect that this ruling, if it stands, would likely affect all printer manufacturers, as they would simply print the same agreement on the outside of their cartridges and quote this case in any ensuing legal actions.


> You know, it's a ploy to raise costs on everything.
===
In the case of the printer manufacturers, it's not a ploy to raise the cost of everything, it's their effort to keep what they see is legally theirs. In the printing industry, the profits don't lie with the printers themselves, the profits lie with the consumables like ink, toner and paper. The ink and toner remanufacturers / refillers have been fighting legal actions like these for at least a decade, if not longer. I suspect in the end this particular ruling will ultimately be struck down, but some other ruling (ink and toner royalties?) will eventually prevail.

Reply by Iris_WA on 9/4/05 7:03pm
Msg #63722

Yipes! N/M

Reply by Barry Silver on 9/4/05 11:26pm
Msg #63737

Not to worry. The industry will probably start marketing its own generic cartridge, which can be used for refills, unless the court considered that in its ruling already.

Reply by Glenn Strickler on 9/5/05 3:22am
Msg #63744

Well, since I am having trouble sleeping tonight, I may try to read the decision, but just browsing through it looks like it will only apply the the lexmark. Since I don't have a lexmark printer, I don't know if the toner cartridge is actually cheaper to use or or not. Also, who is going to poilce the ruling? I know that the company I worked for before retiring uses lexmark printers. We returned each empty cartridge and they paid for the shipping. So it could be the large compainies they are worried about. And we werent in the position to refill them ourselves. I can't see them actually policing the private individual. And besides, even if the toner kit companies are put out of business eventually, I bet we still won't have any problems finding toner to put into the cartridges. I used some toner out of a bottle that was manufactured to pour into a commercial copy machine in a cartdridge and it worked fine.

I am actually surprised that the 9th circuit ruled in favor of big business. Most of the time the court is to the left of Ted Kennedy. And it's decisions are often overruled by higher courts.

Reply by Mitch_MD on 9/5/05 9:19am
Msg #63758

> who is going to poilce the ruling?
===
The printer manufacturers would not likely go after the little guys; they would simply put their sights on the refillers / remanufacturers, either to put them out of business or to garner a share of the profit stream.

Reply by Mitch_MD on 9/5/05 9:21am
Msg #63759

BTW, this also applies to Dell printers...

...since the printers that Dell offers are just rebadged Lexmark printers and toner cartridges.

Reply by PAW_Fl on 9/5/05 10:45am
Msg #63766

I think everyone has missed a particular point. The case isn't about whether or not you can refill a cartridge. It is about THIS PARTICULAR cartridge. It is because of the particular notice and pricing of the cartridge. The notice states (according to the court document):

Please read before opening. Opening of this package
or using the patented cartridge inside confirms your
acceptance of the following license agreement. The
patented cartridge is sold at a special price subject to
a restriction that it may be used only once. Following
this initial use, you agree to return the empty cartridge
only to Lexmark for remanufacturing and
recycling. If you don’t accept these terms, return the
unopened package to your point of purchase. A regular
price cartridge without these terms is available(1).

It must be noted that the purchaser agrees to return the empty cartridge (once it is used for the first time) to Lexmark because they received it at a discounted price.

It must also be noted that Lexmark stated, its post-sale restriction on reusing the Prebate cartridges does not require consumers to return the cartridge at all; it only precludes giving the cartridge to another remanufacturer. So IMO - NOT TO BE CONSTRUED AS LEGAL ADVICE, refill 'til the cows come home without fear of retribution.

Reply by TitleGalCA on 9/5/05 11:43am
Msg #63768

PAW, what would we do without you...

Logical, common sense opinion that ends the worries over cartidges. Thanks.

Reply by HisHughness on 9/5/05 12:39pm
Msg #63772

By way of amplification...

There is some confusion between patent law and copyright/trademark law. Under patent law, you could not build your own Lexmark cartridge and use it. The patent covers ANY reproduction of the patented device. Build your own, and you have violated Lexmark's patent.

Reply by Ernestine Fernandez on 9/5/05 11:39am
Msg #63767

I would say it is time to dump any Lexmark products.

Reply by Mark Poliner on 9/5/05 3:44pm
Msg #63787

They don't need to litigate it. All the cartridges are seriel numbered. They just have to program the printer to not accept the same seriel number cartridge that 10 minutes ago was empty.

Besides, refilling the cartridge voids the warrenty. It it leaks or clogs, they will NOT fix or replace the printer.

Reply by PAW_Fl on 9/5/05 7:15pm
Msg #63810

Does not void the printer warranty ...

As regards your printer warranty, please read the Magnuson-Moss Warranty Improvement Act
United States Code Annotated Title 15 Commerce and Trade Chapter 50 CoUnited States Code Annotated Title 15 Commerce and Trade Chapter 50 Consumer Product Warranties 15 Section 2302 -

(c) No warrantor of a consumer product may condition his written or implied warranty of such product on the consumer's using, in connection with such product, any article or service (other than article or service provided without charge under the terms of the warranty) which is identified by brand, trade or corporate name; except that the prohibition of this subsection may be waived by the commission if: 1. The warrantor satisfies the Commission that the warranted product will function properly only if the article or service so identified is used in connection with the warranted product, and 2. the Commission finds that such a waiver is in the public interest.

The manufacturer of the printer you are using cannot void the warranty on your printer because you use toner, ink, a cartridge or refill kit manufactured by someone other than the printer manufacturer.

To ensure that a problem is a manufacturer's problem (prove to them), be sure to have a spare manufacturer's branded cartridge that has not be refilled handy. Then you can show that the problem is a printer problem and not a cartridge or toner issue.