The following appears on signon.thomsonreuters.com
By Barbara Grzincic – The U.S. Supreme Court should overturn a ruling that allows Lexmark International to sue aftermarket resellers of its “single use” toner cartridges for patent infringement, the Obama administration said Wednesday in a brief filed with the high court.
Acting Solicitor General Ian Heath Gershengorn urged the high court to review a decision by the full U.S. Court of Appeals for the Federal Circuit, which ruled 10-2 in February that a West Virginia company, Impression Products, had infringed Lexmark’s patents by marketing refurbished Lexmark cartridges that originally were sold with “single use” or “no resale” restrictions in the U.S. and abroad.