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Victory for Static Control vs. Lexmark

June 22, 2007

Static Control Components can declare victory in its long battle against Lexmark.

Late Friday afternoon a jury ruled Lexmark failed to prove SCC induced remanufacturers to violate patents. The jury deliberated for about a day before returning the verdict, which was issued after five weeks of trial, and almost five years after Lexmark's initial DMCA claim. That claim was dismissed in 2004; the patent violation claim was the one remaining count in Lexmark's claim against Static Control.

The jury also found some of Lexmark's practices to be anti-competitive in nature. However, that portion of the verdict is not binding, and only a recommendation. Judge Greg Van Tatenhove will make the final ruling; that ruling was not expected to happen immediately, however.

The Lexington Herald-Leader reported Static Control CEO Ed Swartz said he was "very gratified" by the jury's verdict.

"I think the industry will be very happy … as well," Swartz said. "I think this is a very pro-consumer, money-saving, economically sound decision for the American consumer. This gives the consumer a choice he would not have had Static Control not fought Lexmark."

Lexmark declined immediate comment. The company was expected to issue a statement at a later time.

For more visit: http://www.kentucky.com/103/story/105197.html

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