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UII responds to Lexmark with counterclaim

July 27, 2020

Lexmark filed its complaint of patent infringement in May 2018 against Universal Imaging Industries LLC (UII), and is based on an accusation of “designing, manufacturing, and marketing infringing universal toner cartridge authentication devices” by the defendant.

UII has now responded to Lexmark’s claims and answers mainly with “Without knowledge or information sufficient to admit or deny the allegations and therefore denies same,” and/ or denying any of Lexmark claims.

At the same time, UII has filed a counterclaim that says: “This case involves printer toner cartridges and is one more battle in which Original Equipment Manufacturers (‘OEM”), such as Lexmark, are trying to stifle the aftermarket toner cartridge recycling industry that is working to keep used toner cartridges out of landfills. The OEMs enjoy an enormous markup on selling new toner cartridges and have gone to great lengths by employing illegal “prebate” programs, creating anti-recycling firmware for printers that disable aftermarket microchips on recycled toner cartridges, to dubious lawsuits, such as this in an effort to stop the cartridge recycling industry from selling recycled toner cartridges.”

In its counterclaim, UII is alleging: “Continuing this pattern, Lexmark, upon information and belief, regularly follows UII’s and other companies’ patent activity and often steals the inventions for its own benefit, settling after the fact if they get caught. In this case, Lexmark learned of the patent in suit and incorporated the inventions into its own products.”

UII is alleging Lexmark has infringed its US Patents No. 7,005,733 (the “’733 Patent”), and is asking for injunctive relief and award against Lexmark for exemplary damages, attorneys’ fees, and costs.

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