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ISC backs Lexmark case against US remanufacturer

August 27, 2015

ISC-logoThe OEM coalition filed a ‘friend of the court’ document in the Impression Products case to uphold legislation allowing OEMs to prevent re-importation of patented products intended for sale abroad.

The eventual ruling is set to significantly affect the US remanufacturing industry, as Impression Products is seeking for previous rulings to be overturned, which would mean companies selling remanufactured cartridges in the USA could use empties from across the world. The ISC move aims to help uphold legislation allowing IP holders to prevent re-importation of patent products intended for sale abroad.

The ISC’s amicus or ‘friend of the court’ document includes “legal and policy rationales for this position”, adding that OEMs in the imaging supplies industry “must wage a constant battle” against IP infringers as there is “relatively easy access to use patented goods to create an illegal aftermarket”.

The three judges overseeing the case called for a rare full-bench hearing of all 17 USFC (United States Court of Appeals for the Federal Circuit) judges in April 2015.

Coalition members include Brother, Canon USA, Epson America, Samsung America, Toshiba America and Xerox.






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