Written in Ink
Written in Ink
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Underneath a "Local Boy Makes Good"

Illustration for article titled Underneath a Local Boy Makes Good

Steven Loy, a lawyer born and raised in a small Kentucky town recently argued his first case before the Supreme Court. His father was in attendance. At issue is "standing", or whether a supplier who is not a direct competitor can sue a company for false advertising and the question revolves around Lexmark ink refills.


Basically, Static Control Components manufactured a chip that would override the controls Lexmark put on some laser printers to insure the customer only used Lexmark's refilled ink. This prompted Lexmark to send letters to owners of the printers, who had registered for the Lexmark refill program, saying they can only use the Lexmark system and they sent letters to ink refillers saying it would be a violation of their intellectual property rights, if they used the chip from Static Control.

Whether or not this is true is under different cases and I don't know how or if they've been resolved. What's at issue before the Supreme Court in Lexmark International, Inc. v. Static Control Components, Inc. is whether Static can sue Lexmark for false advertising because they don't sell ink. The Justice's decision could have far-reaching results.

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