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I-ITC NEWS

Int’l ITC, a member of the Owners Rights Initiative, encourages you to share your concern about the first sale doctrine with your elected officials and customers:

 

 

 


Save the Date!

May 31
West Coast ITC Chapter Meeting
Fess Parker’s in Santa Barbara

 

BREAKING NEWS!



Unanimous Decision by the Supreme Court in Favor of Static Control
Static Control has the right to sue Lexmark on grounds of false advertising

Sanford, N.C. – (March 25, 2014) – A unanimous United States Supreme Court ruled Tuesday that Static Control could sue Lexmark under the Lanham Act (false advertising) arising out of Lexmark’s prebate program.

Justice Antonin Scalia wrote the opinion adopted by all nine justices. “…Static Control adequately alleged proximate causation by alleging that it designed, manufactured, and sold microchips that both (1) were necessary for, and (2) had no other use than, refurbishing Lexmark toner cartridges. It follows from that allegation that any false advertising that reduced the remanufacturers business necessarily injured Static Control as well.”

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MORE BREAKING NEWS!

Ohio Judge Michael Barnett has rendered two decisions based on Impression Products motions to dismiss on the grounds that Prebate is invalid and Jazz Photo is no longer a valid precedent. Jazz Photo is the case that claims that patent rights are not exhausted unless a product is first sold inside the U.S. Impression Products is one of the defendants in a case brought by Lexmark International against remanufacturers who bought some Canadian cores. The decisions are available at www.i-itc.org/resources.php