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US remanufacturers face potential infringement suit against Lexmark

June 6, 2012

Remanufacturers have been presented with a non-negotiable “one-time settlement offer”, to be agreed upon or risk naming in an infringement suit.

A number of US remanufacturers have recently received letters from Lexmark international seeking damages from companies purported to be using empty cores sourced from overseas and have presented terms of settlement or risk being named in an infringement suit.

Actionable Intelligence has reported that the affected remanufacturers were sent a “one-time settlement offer” in late May, of which companies are advised to either agreement to the non-negotiable terms and pay the royalties the OEM has requested or face “being added as defendants to current litigation in a US district court”.

The remanufacturers targeted are customers who have purchased cartridges from empties broker Greentec, with one known example being approached following the purchase of 15 empties in 2007.

Lexmark and Greentec have yet to comment at the time of publication.

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