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Lexmark Sues Several Remanufacturers; Validity of Prebate Contract Prominent


Inside Imaging Spectrum’s Pages

Good News for Remanufacturers
Lyra Research, Inc. forecasts the aftermarket share of worldwide cartridge shipments will grow steadily to more than 36 percent in 2008. Jim Forrest of Lyra Research explores trends in the toner and ink cartridge industry in the December issue of Imaging Spectrum.

Read the Int’l ITC Annual Report
Int’l ITC staff, volunteers, board members and chapter chairs provide an overview of 2004 activities and accomplishments, and outline goals for the upcoming year in the first-ever Int’l ITC Annual Report to be featured in the January issue of Imaging Spectrum. The report provides updates on advocacy, education, quality standards and membership.

Reserve your Spot at the 2005 Int’l ITC Conference--and Hit the Beach
Grab your towel and hit the beach for the Int’l ITC Conference on May 4-6, 2005, at the Fontainebleau Hilton Resort in Miami Beach, Fla. This year’s conference features a new exhibit hall configuration, a scavenger hunt and prize drawings in the exhibit hall, revamped education courses and a fresh take on this annual meeting. To register, contact Karen Helfgott

Have You Renewed Your Membership?
Whether it is exposing bogus recycling programs, testifying at state and federal hearings or taking on the OEMs, the Int’l ITC is the only organization exclusively dedicated to fighting for your business interests. Your membership in and commitment to this organization makes the difference in protecting and advancing this industry.

Renew your membership or become a new member of
the Int’l ITC today by contacting Karen Helfgott or Olivia Stephens or sign up online.



Online Poll
The past year has been one of ups and downs in the business world and the imaging supplies aftermarket. We have faced a range of issues from a weak economy to stepped-up OEM strategies and managed to come out successfully as an industry. How did your individual business fare in 2004?

Click here to take our online poll.


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Breaking News
Lexmark has upped the ante after its recent setback when the Sixth Circuit Court of Appeals ruled in favor of Static Control in litigation between the parties. It has brought suit against six other remanufacturing industry members.

Named as defendants in the SCC case are MSE, Pendl, NER Dataproducts and IPW—and in a separate case, chip manufacturer ISV and Clarity Imaging. Two of these defendants were brought in as recently as November 8.

The decision from the Sixth Circuit Court of Appeals in Lexmark International, Inc. v. Static Control Components reversed Judge Karl Forester’s decision that Lexmark stood a likelihood of success in its case against Static Control and vacated the injunction against sales of the Smartek chips. In doing so, the appellate court announced its displeasure with Lexmark’s use of copyright laws and the DMCA.

With those claims cast in disfavor, Lexmark is now relying on the specious validity of the Prebate contract. The Prebate contract is a sham. The contract is allegedly an agreement between Lexmark and the end user as follows: the customer agrees to buy the cartridge for a discount if it agrees to the single use license agreement. However, many customers don’t even know that the restrictions exist at the time they purchase or acquire the cartridge.

Regardless, the litigation in Lexington has now taken a decidedly dramatic turn, and every industry member will be affected, whether a party or not. And Lexmark will be seeking reconsideration of the appellate court’s decision. For more on the new lawsuits and the appellate court ruling, see the December issue of Imaging Spectrum magazine.


Advertise your Business
Int’l ITC offers numerous advertising outlets to promote your business. For more information on advertising opportunities, contact Richelle Lambert or download forms here.


Upcoming Events
Mark your calendars for 2005 Int’l ITC Chapter meetings.

Plan to attend any of the upcoming chapter meetings shown below:

January 22 Canada
January 20 Ohio
January 29 Mid Atlantic
February 28 California
March 12 Florida
March 26 Northwest
April 9 New England
April 16 Great Lakes
September 17 Upper Midwest
October 14-15 Southwest
October 20 Legislative Summit
October 21 Washington, D.C.
November 11 Northeast

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