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Lexmark uses DMCA to sue toner maker

Declan McCullagh | January 9, 2003 2:18 PM PST

Printer maker Lexmark has found an unusual weapon to thwart rivals from selling replacement toner cartridges: the Digital Millennium Copyright Act.

A federal judge in Kentucky has scheduled a hearing for Thursday in the case, which Lexmark filed against Static Control Components in an effort to slam the brakes on the toner cartridge remanufacturing industry. Lexmark is the No. 2 printer maker in the United States, behind Hewlett-Packard, and manufactures printers under the Dell Computer brand.Lexmark claims that Static Control violated the DMCA by selling its Smartek chips to companies that refill toner cartridges and undercut Lexmark's prices.

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