Lexmark signs UK channel partnership

January 10, 2017

LexmarkLogo_RGB_300The OEM has announced a partnership agreement with Complete Office Solutions (COS).

The deal between the OEM and the channel reseller will allow COS to “strengthen its technology offering through its product range made up of Lexmark’s entire product portfolio”, with COS a “trusted strategic business partner that works with its 17,000 strong customer base providing expertise to challenge traditional paper-based processes to deliver operational efficiencies with significant cost savings”.

Lexmark added that “with best-in-class technology and a National Service Infrastructure” COS has the “industry expertise and experience required to help transform businesses across the country”. The “depth, strength and range of Lexmark’s solutions and products”, the OEM noted, “gives COS immediate access to some of the most cutting-edge and reliable technology the market has to offer”.

In turn, the partnership will also provide COS with “the support and momentum to continue building and growing its business and customer base in the UK in line with its significant expansion plans into 2017 and beyond”. For COS, the “reliability and quality of Lexmark’s product and services was central to the needs and requirements” of its business, specifically “Lexmark’s innovative mobile technology including its printing app”, an area that has provided COS “with an important value added feature that helps to meet the flexible working needs of end-users”.

The two companies added that “Lexmark’s technology helps to transform business, its running costs are very competitive in comparison to other players in the marketplace, and the strength of its brand resonates highly with end-users. The partnership between Lexmark and COS is already live and working successfully, with COS already having sold and installed a variety of Lexmark devices”.

Paul Taylor, Divisional Director at Complete Office Solutions, commented: “Lexmark’s name is synonymous with creating the most innovative and disruptive products in the industry. At Complete Office Solutions, we’ve long admired what Lexmark has achieved as a business and its culture.

“We firmly believe Lexmark is the missing piece in our portfolio jigsaw as we continue to grow and expand our business. Our partnership has got off to a flying start and we can’t wait to continue working together.”

Martin Fairman, UK and Ireland Channel and SMB Sales Director at Lexmark, added: “Lexmark is committed to building relationships with the finest channel partners, and Complete Office Solutions are one of the best in the marketplace. Their knowledge and industry experience is one that resonates across businesses in the UK.

“At Lexmark we’re known as a major contender in this marketplace, but we always look to partners like COS to add that extra bit of value in different ways to help our end-users.”

Categories : City News

Tags :

Lexmark-Impression case impacts explored

January 6, 2017

Actionable Intelligence’s Charlie Brewer discussed how the rulings in the upcoming case are “sure to impact” Apex Technology.

The US Supreme Court

The US Supreme Court

The case was decided in Lexmark’s favour last year, with the Court of Appeals ruling remanufacturer Impression Products had “infringed Lexmark’s patents” by selling remanufactured Lexmark cartridges that “originally were sold with ‘single use’ or ‘no resale’ restriction in the US and abroad”. Impression had been named in an IP case in October 2013 referring to the “unlawful importation […] the sale for importation and/or the sale […] after importation” of a number of infringing remanufactured and cloned aftermarket cartridges.

Impression responded by moving to dismiss and overturn Jazz Photo, which impacts on patent exhaustion, influenced by the Supreme Court’s ruling in Kirtsaeng, which prevented copyright owners from stopping imports and reselling content sold abroad. The 2016 ruling decided Impression “infringed the patent rights of Lexmark […] when it imported Lexmark’s toner products back into the [US] after they were first sold abroad”, and was “liable for selling refurbished Lexmark cartridges that were originally marketed for a single use under its return and recycle programme”.

Recently however, the US government backed an “overturn” of the decision, and “urged” the Supreme Court to review it, and the court confirmed last December that it has “agreed to decide” whether the OEM “can use patent law to stop companies from refilling and selling” its cartridges. Brewer, President of Actionable Intelligence, wrote on LinkedIn about the case, noting that the ruling either way “could fundamentally alter the patent-exhaustion doctrine in the United States”.

He believes “this will be the remanufacturing industry’s most important case in two decades, so third-party supplies vendors will be watching closely”, and that Apex “will be paying especially close attention because its business will be affected regardless of which way the high court rules”. Having acquired Lexmark, Apex is also a “key player in the remanufacturing industry”, and Brewer notes that it supplies chips to remanufacturers worldwide.

This might mean “therefore that Apex would like to see a ruling in favour” of Impression Products, but he added that “as one of the OEM’s co-owners, it seems only natural that Apex would like to see Lexmark prevail”, adding that “therein lies the rub”. Apex “might find themselves supporting Lexmark in its bid to retain certain patent protections”, Brewer notes, which “presents the firms with a dilemma”.

He adds that “not long ago, Apex and Ninestar would have fought Lexmark – or any other OEM – tooth and nail to have IP protections lifted so that cartridges could be remanufactured without the risk of a lawsuit”, with the Mallinckrodt and Jazz Photo rulings affecting patent exhaustion having already “adversely impacted the availability of empty cartridge cores” in the USA.

His perspective was that empties “are the essential raw material for remanufacturing […] nothing affects the remanufacturing industry—and thus demand for Apex’s components—as much”, so “to keep selling chips and components, Apex needs an ample supply of empty cores. Given Apex’s huge selection of chips and other components for remanufacturing cartridges, fewer barriers to remanufacturing would improve Apex’s business”.

However, he adds that as a “Lexmark stakeholder”, Apex will “presumably fight tenaciously to protect its OEM’s IP”, and that “any desire Apex may have to sustain its cartridge component sales will be countered by the need to preserve the protections Lexmark’s patents provide”. Lexmark’s wide range of patents and applications are “quite valuable”, and Brewer pointed out that “it would be in Lexmark’s best interest to ensure all its IP protections remain as strong as possible”.

His conclusion is Apex finds itself “in a quandary”, as if it “maintains the legal successes that Lexmark achieved”, the Supreme Court “will uphold the Mallinckrodt and Jazz Photo decisions, which will limit the availability of empty cores for remanufacturing”. If these are overturned, “it is all but certain that more remanufactured cartridges will be produced, including more remans for Lexmark machines”.

He finished by noting that “of course, one could say that my assessment is upside down and Apex faces a win-win” as the “ruling will either benefit the Chinese firm’s components business or its Lexmark organisation. It all depends if you see a glass as half-full or half-empty”.

Categories : World Focus

Tags :

Lexmark cuts 10 percent of software staff

January 5, 2017

The OEM, recently acquired by Apex Microelectronics, is laying off 320 staff in the software business.Lexmarknewlogosign

Lexmark revealed last year that the merger had been approved by shareholders, though it “remain[ed] subject to certain regulatory approvals”, such as the CFIUS, as well as “other customary closing conditions”, though the CFIUS later approved it. The merger had been expected to be completed in the second half of the year, despite The Recycler reporting earlier last year that Lexmark employees were attempting to block the deal.

After it was officially completed, Apex and Ninestar released a statement noting that they “are delighted” with the deal, which has seen Apex take “a great step onto the global business stage”, while a conference was held in late 2016 in China to discuss the deal in more detail. During the confirmation of the deal’s completion, both Lexmark and Apex stated that Lexmark’s Enterprise Software group “will be separated from Lexmark and rebranded” as Kofax.

In turn, both Lexmark and the consortium were set to “engage in a process to sell the business while focusing on growing the imaging business, particularly in China and the Asia-Pacific region”. Kansas City has reported that the OEM is now laying off 320 staff, or “10 percent, of its software business employees”, including its Lenexa-based operations “formerly called Perceptive Software”.

The news site contacted the OEM for comment, with a spokeswoman “declin[ing] to discuss the local impact of the job cuts” but responding that the cuts reached “all functional areas in the Lexmark Enterprise Software business on a global basis”, as part of a restructuring that began on Tuesday. 550 jobs – or “about four percent of its worldwide workforce” – were announced to be cut last year during this year, while the restructuring programme was launched to “increase profitability and operational efficiency” in the ISS (Imaging, Solutions and Services) business.

This restructuring was said at that point to be expected to generate savings of around $100 million (€91 million) per year from 2017, with Lexmark noting at the time that the restructuring was “aligned with the strategic alternatives process” that culminated in the merger, and that “a portion” of the jobs cut would be “shifted to low-cost countries”.

At the Lenexa site, the company had previously stated it had around 500 staff, though there had been up to 700 there previously, and Sylvia Chansler, Public Relations Manager for Kofax, commented on the cuts by noting that “this action was taken to reduce our costs to be more in line with our revenues and those of comparable enterprise software companies. [Lexmark remains] solidly profitable and therefore financially healthy”.

On the plans to “separate the enterprise software operation from the rest of Lexmark and rebrand it as Kofax”, as well as “seek a buyer for the software business”, Chansler confirmed it was still “interested in selling the software business”.

Categories : City News

Tags :

Pantum discusses “new era for printing”

December 23, 2016

The company has discussed the effect the Lexmark acquisition will have on its business and the market.

An image from the conference in Beijing

An image from the conference in Beijing

Pantum’s article on LinkedIn stated that a “new era for printing starts from here”, with Lexmark revealing earlier this year that the merger had been approved by shareholders, though it “remain[ed] subject to certain regulatory approvals”, such as the CFIUS, as well as “other customary closing conditions”, though the CFIUS later approved it.

The merger had been expected to be completed in the second half of the year, despite The Recycler reporting earlier this year that Lexmark employees were attempting to block the deal.

After it was officially completed last week, Apex and Ninestar released a statement noting that they “are delighted” with the deal, later holding an official conference to discuss the deal.

Pantum added that the acquisition “means a lot for Pantum at the same time”, as during the conference in Beijing, “it was said […] that Pantum and Lexmark, the two characteristic printer brands, are going to synergise with their own strengths in the future”. The company added that the “benefit from synergy of the two will be obvious”, as Lexmark features “advanced and experienced technology in MPS”, and is “powerful in the high-end market segment”.

Pantum meanwhile is a “young but energetic new player” that is “sustaining a rapid growth in the entry and middle segment”, as well as doing “well in cost management”. The company pointed out that “exploring the printing and imaging market solely, both of the two will have some limitation[s] to cover more requirements from users. But now Pantum and Lexmark can complement each other to serve fuller user groups”.

For the two companies, it is “more beneficial for the channel partners of Pantum and Lexmark as well”, as partners “will have fuller choices in different segments”, and can “leverage Pantum products to expand the market share rapidly”, while “enjoy[ing] a good profit by offering Lexmark products to users who require high-end and value-added printing solutions or services”. Partners can “as a result” be “flexible when penetrating the printing market”.

Pantum added in turn that the synergy will mean “end users of the two will also have wider choices from entry products to high-end products according to their preferences”. There will also “be more cost-cutting and more efficient solutions for them”, and the synergy “means more abilities to create customised products for users to meet their specified requirements”.

 It concluded that “working together, Pantum and Lexmark are able to have a fuller product line and more competitiveness to acquire a larger market share”.

Categories : Around the Industry

Tags :

Lexmark buying up remaining “notes”

December 14, 2016

The OEM has “commenced an offer to purchase any and all” outstanding ‘Senior Notes’.Lexmarknewlogosign

Lexmark revealed earlier this year that the merger had been approved by shareholders, though it “remain[ed] subject to certain regulatory approvals”, such as the CFIUS, as well as “other customary closing conditions”, though the CFIUS later approved it. The merger had been expected to be completed in the second half of the year, despite The Recycler reporting earlier this year that Lexmark employees were attempting to block the deal.

After it was officially completed last week, Apex and Ninestar released a statement noting that they “are delighted” with the deal, which has seen Apex take “a great step onto the global business stage”, while a conference was held earlier this week in China to discuss the deal in more detail. Now, Lexmark has announced the “commencement of [a] change of control offer” to purchase ‘Senior Notes’ due in 2020.

‘Senior Notes’ are issuances of debt that take priority over unsecured debt owed by the issuer, with Lexmark beginning the offer “as a result of the merger” with the new company Ninestar Lexmark Company Limited. The offer is “scheduled to expire” at 5pm on 12 January next year, with the OEM having given notice “to the holders of the Notes that each holder has the right require the company to purchase any and all of such holder’s Notes as a result of the consummation of the merger”.

In turn, any holder “who validly tenders its Notes” before that date, and “does not withdraw such Notes” before then “will be entitled to receive 101.000 percent of the principal amount of such Notes, plus accrued and unpaid interest up to, but not including, the date of payment”. The date of payment is “currently scheduled” to be 23 January, while the OEM added that terms and conditions would be received by companies in their “offer to purchase”

Lexmark also noted that the announcement was “neither an offer to purchase nor a solicitation of an offer to sell any Notes”, and that the offer “is made only by, and pursuant to the terms of” the offer, with “none of the representatives or employees of the company” making “any recommendations as to whether holders should tender their Notes pursuant to the offer, and no one has been authorised by any of them to make such recommendations”.

It concluded: “Holders must make their own decisions as to whether to tender Notes and, if so, as to the principal amount of Notes to tender. Holders of Notes should read carefully the Offer to Purchase and the related Letter of Transmittal, as they contain important information as to the procedures and timing for tendering Notes.”

Categories : City News

Tags :

Apex holds conference to discuss Lexmark deal

December 13, 2016

The company’s conference, Cohesion Creates the Future, was held in Beijing, and saw over 200 guests attend the “historic” event.

Apex and Lexmark executives at the conference in Beijing

Apex and Lexmark executives at the conference in Beijing

Lexmark revealed earlier this year that the merger had been approved by shareholders, though it “remain[ed] subject to certain regulatory approvals”, such as the CFIUS, as well as “other customary closing conditions”, though the CFIUS later approved it. The merger had been expected to be completed in the second half of the year, despite The Recycler reporting earlier this year that Lexmark employees were attempting to block the deal.

After it was officially completed last week, Apex and Ninestar released a statement noting that they “are delighted” with the deal, which has seen Apex take “a great step onto the global business stage”. They added that “this is not only a milestone development in Apex’s history, but a landmark event for the global printing industry as a whole”.

The companies held the conference to discuss the deal in Beijing on 12 December, with over 200 “distinguished guests and media partners” attending to witness “the historic moment”. The deal, Apex stated, “has become China’s largest overseas acquisition in the printing industry”, and was “not only a milestone development in Apex’s history, but a landmark event for the entire global printing industry”.

Additionally, Apex noted that some analysts have remarked that the merger “is a typical strategic acquisition”, and that “one of its goals was to make strides in the international market by obtaining better technology and products”, Apex adding that “through acquisition, Apex Technology has won more advanced technologies, access to untapped marketing channels, and a global brand presence”.

Lexmark’s “advanced printing technologies and MPS”, it highlights, are “at the forefront of the industry”, while Apex has been “alternatively rooted in the emerging market”, and is a “young but healthy enterprise whose strengths lie with printing cost management and control”, with the “marriage” between the two “mutually beneficial and the synergistic effects they bring have been worth the wait”.

For Ninestar, the acquisition “opens up incredible opportunities”, and from a “marketing perspective, Lexmark has footholds in Europe and America while Apex and Ninestar have established strong channels and a solid customer base in developing countries”. Apex believes that the deal “will improve both parties’ competitiveness in the global market”, while on a production and supplier chain basis, costs “will decrease and recourse integration will be strengthened”.

Reflecting on the Static Control acquisition in 2015, Apex stated that this deal, plus the Lexmark one, make “Apex and Ninestar the only aftermarket printing solution provider backed with the original manufacturer’s technical support”. Both companies “regard loyalty, pragmatism, innovation and win-win” as “core values”, “have never stopped pursuing these”, and are “looking forward to starting the new chapter ahead”.

Jackson Wang, Chairman of Apex Technology, stated: “Many people think this [is a] case where ‘a snake swallows an elephant’, but I would prefer to compare the case to marriage. Apex Technology was a poor young man, but he married a beautiful and successful woman named Lexmark. If you asked me to describe the history of Apex Technology, I would say it has been a long journey exploring the possibility of our innovations.

“With ambitious development and research steeped in technology, Apex has seen sustainable and stable development over the years. And I think this is one of the reasons that the ‘beautiful woman’ wanted to marry the ‘young man’. The expansion and development of an enterprise not only increases profit, it increases its core value.”

Categories : World Focus

Tags :

Implications of Supreme Court case outlined

December 9, 2016

A US law firm believes that the US case between Lexmark and Impression Products “will have important implications for secondary markets for patented products and global commerce”.

The US Supreme Court

The US Supreme Court

The original case was decided in Lexmark’s favour earlier this year, with the US Court of Appeals ruling that the US remanufacturer had “infringed Lexmark’s patents by marketing refurbished Lexmark cartridges that originally were sold with ‘single use’ or ‘no resale’ restriction in the US and abroad”.

The case began when Impression was named in an IP infringement case in October 2013 referring to the “unlawful importation […] the sale for importation and/or the sale within the United States after importation” of a number of infringing remanufactured and cloned aftermarket cartridges. Impression moved to dismiss and overturn Jazz Photo, which impacts on patent exhaustion, or the “first-sale doctrine”, influenced by the Supreme Court’s ruling in the Kirtsaeng case, which prevented copyright owners from stopping imports and reselling content sold abroad.

The February ruling decided Impression “infringed the patent rights of Lexmark […] when it imported Lexmark’s toner products back into the United States after they were first sold abroad”, and was “liable for selling refurbished Lexmark cartridges that were originally marketed for a single use under its return and recycle programme”. Recently however, the US government backed an “overturn” of the decision, and “urged” the Supreme Court to review it, with the court’s confirmation soon after.

Stefan M. Meisner and James Buchanan Camden, of US law firm McDermott Will & Emery, stated that the implications of the “ultimate outcome of this case” might include “important practical consequences for secondary markets for patented products and global commerce”. If the court upholds the ruling, then a patent holder “may be able to limit or even eliminate the secondary market in its patented goods by including a post-sale restriction on use or resale in its sales contracts”.

Instead of an “outright ban” on the use or resale, a patent holder “might be able to ‘demand royalties for the use or resale of articles embodying its invention at multiple downstream points in the channels of commerce, long after the first authorised sale” in the USA. They noted that even the district court in the original case “cautioned” that “such a holding” would “create significant uncertainty for downstream purchasers and end users who may continue to be liable for infringement even after an authorised sale to the consumer has occurred”.

Another implication might be that “companies seeking to import products” into the USA might nedd to “track the provenance of every sub-component and sub-sub-comoponent within its products” to avoid IP infringement when it is imported to the USA, and “this is particularly difficult in the global high technology industry where products are frequently covered by ‘thickets’ of patents”.

A patent holder may also be able to “twice extract royalties for its patent” and sell it “for use in a component”, as well as “sue for infringement once the finished product is imported”. Lexmark believes “such concerns are overstated”, the firm notes, but “regardless, given the potential implications” for “secondary markets and global commerce”, the lawyers advise to “closely follow” the case”, because it will have “significant implications on how patent holders either bring their products to market or license their rights to others”.

In turn, companies that “participate in markets where parts or consumable products are necessary to keep larger products or systems operational will need to assess their exposure to potential patent infringement assertions”, and in conclusion, they note that “this case will become the seminal decision on the application of the patent exhaustion doctrine under US law”.

Categories : World Focus

Tags :

Lexmark launches Carbon Neutral Programme

December 7, 2016

The OEM and its channel partner Dalton Ellis have announced that their UK partnership will exclusively create the sustainable Carbon Neutral Programme.Lexmark_cartridge

The programme has been created to make sustainability easier and encourage businesses and other users to be a part of the environmental programme. Carbon emissions need to be reduced by 80 percent by 2050, scientific bodies have said, and this and climate change is “high on the agenda for governments and businesses”. Lexmark is a member of the Ellen MacArthur Foundation and is “continually looking to make environmentally conscious decisions”.

Lexmark and Dalton Ellis will provide consumers with a “package that consists of recycled woodland trust paper, a Lexmark printer [and MFP] and access to Lexmark’s Cartridge Collection Programme (LCCP)”. The OEM is also donating money to The Woodland Trust from each purchase of the programme, which offsets carbon emissions and is completely sustainable. Dalton Ellis also has additional environmental practices, which include “pull printing”, increasing efficient printing and reducing use of paper by 20 percent.

Chris Law, Supplies Director at Lexmark, said: “At Lexmark, we’re always working to empower businesses to not only save money but become sustainable at the same time, and the Carbon Neutral Programme that we’ve created in conjunction with Dalton Ellis, is living proof of this. Our goal is simple; we want to continuously provide our customers with innovative, high-quality products and services in an environmentally and socially responsible manner.

“From start to finish, the Carbon Neutral Programme provides customers with an easy option to do their part in helping the environment.”

Nick Munton, Managing Director at Dalton Ellis, stated: “We created the Carbon Neutral Programme specifically with our customers in mind. We’ve worked to create this initiative exclusively in partnership with Lexmark, who through established initiatives such as LCCP recognise the importance of having a first-rate CSR scheme in place. Not only are we offsetting the output of carbon into the environment through the Carbon Neutral Programme, we’re also saving our customers time and money.”

 

 

Categories : Around the Industry

Tags :

Lexmark signs Australian distributor deal

December 7, 2016

The OEM has chosen Alloys as a distributer for its MFPs in Australia.Lexmark new logo

Channel Life reported that Alloys will be able to “provide resellers with greater choice” of Lexmark’s MFPs, and with over 30 years of experience in distribution and product demonstration, Alloys will be able to “offer Lexmark’s channel partners in-depth expertise”.

Innes Thomson, General Manger of Australia and New Zealand at Lexmark, said: “At Lexmark, we are extremely pleased about the next chapter in our strategic relationship with Alloys. With our award winning range of products featuring state-of-the-art technologies, Alloys’ expertise gives Lexmark partners more choice in sourcing the right solutions for their customers. We look forward to developing the new partnership to open the possibilities for our next phase of growth in the Australian market.”

Paul Harman, CEO of Alloys, said that the partnership with Lexmark is expanding and is a “natural extension of their four year consumables relationship”, also stating: “As Australia’s specialist printing and technology distributor it is important for Alloys to be able to offer the full range of software and printing solutions from key players in our specialist market.

“We are pleased to be able to bring our non-traditional distribution capabilities to Lexmark’s award-winning range of products and solutions and channel of customers.”

 

 

Categories : Around the Industry

Tags :

Apex and Ninestar comment on Lexmark deal

December 7, 2016

apexlogoThe two companies were “delighted” with the acquisition, which they note have seen Apex take “a great step onto the global business stage”.

Lexmark revealed earlier this year that the merger had been approved by shareholders, though it “remain[ed] subject to certain regulatory approvals”, such as the CFIUS, as well as “other customary closing conditions”, though the CFIUS later approved it. The merger had been expected to be completed in the second half of the year, despite The Recycler reporting earlier this year that Lexmark employees were attempting to block the deal.

After it was officially completed earlier this week, Apex and Ninestar have now released a statement, noting that they “are delighted” with the deal, which has seen Apex take “a great step onto the global business stage”. They added that “this is not only a milestone development in Apex’s history, but a landmark event for the global printing industry as a whole”.

The acquisition “represents a historic and powerful partnership”, and Apex and Ninestar “are confident in reaching the next level of growth and innovation, to the benefit of all our suppliers and business partners, even faster than we could have achieved on our own”. For Lexmark meanwhile, the deal “not only enables its continual focus on high-end strategic initiatives in order to maintain its position as the leading printing solutions provider in the industry.

“It also provides Lexmark with new avenues to substantial market opportunities in China and the Asia Pacific region”. Both Apex and Ninestar noted their belief that the day the deal was agreed “is a day that all Apex and Ninestar staff, partners, suppliers and clients won’t forget, and one that deserves to be remembered […] from now on, Apex will have a role to play in every aspect of the printing industry, from software to hardware, from OEM to compatible consumables, and from components to microelectronic chips”.ninestar-logo

Both companies also pointed out that “it is a big possibility” that the merger will “mark the next step towards a global printing empire. That is our goal: to be a leading imaging solutions provider both for the aftermarket and OEM market throughout the world”. The two concluded by quoting psychologist Edith Lovejoy Pierce, who said in her book Opportunity that “we will open the book. Its pages are blank. We are going to put words on them ourselves”.

They stated that the deal is “chapter one of our book named ‘Opportunity’”, with Apex and Lexmark “not the only contributors to this book – we believe our partners and clients will no doubt have many chances in the future to fill chapters of their own”.

Jackson Wang, Chairman of Apex Technology, commented: “Lexmark’s passion for excellence and unwavering commitments to customers, employees and communities represent a tremendous cultural fit. We are excited to work alongside Lexmark as it continues to invest in advanced technologies and solutions to best serve its customers and business partners while simultaneously pursuing addition untapped opportunities for future growth.”

Categories : World Focus

Tags :

Web design Dorset Weymouth and Portlandweb design pooleweb design witneyWeb design Weymouth and Portlandweb design oxfordshire