May 2, 2018
The OEM has filed a Complaint of patent infringement against Universal Imaging Industries LLC.
The lawsuit has been filed in the United States District Court in the Middle District of Florida, Tampa Division, and is based on an accusation of “designing, manufacturing, and marketing infringing universal toner cartridge authentication devices” by the defendant.
UII, based in Tampa and Pinellas Park, Florida, are said to have offered for sale the devices in the District. According to the OEM’s lawsuit, the universal authentication devices enable both unauthorised and counterfeit devices to function with Lexmark’s printer line, as well as with printer models that Lexmark sells under private brand, such as Dell, Lenovo, and Olivetti.
In court papers seen by The Recycler, Lexmark alleges that UII, and its President Stephen Miller (also named as a defendant), “specifically targeted” the OEM’s products. As evidence of this, it cites a previous lawsuit, brought by itself against Miller and his company Inter Solutions Ventures Ltd. in 2004. This suit successfully argued for the violation multiple patents held by Lexmark, and resulted in Miller applying for a new patent himself, which was granted – U.S. Patent No. 7,551,859, entitled ‘Multiple Region Printer Chip’ (and now referred to as “the Miller Patent”.) This patent specifically refers to Lexmark models, and their toner cartridge security-authentication technology.
It further accuses Miller and UII of infringing multiple patents, including numbers:
The OEM is therefore demanding a Trial by Jury to prove the violations, as well as submitting a Prayer for Relief that the defendant, its employees and all those in association with them are permanently enjoined from further infringement. It is also seeking damages from UII, payment of its own legal fees, and “an award of pre-judgment interest, post-judgment interest, and costs of the suit to Lexmark.”
This is one of Lexmark’s first lawsuit involvements since the long-running saga with American remanufacturer Impression Products, which went all the way to the US Supreme Court before the OEM was defeated.
Categories : World Focus