Bonum Certa Men Certa

Lexmark Demonstrates Patents Against Public Interests and Against Competition

Ink
See original article



Summary: A review of press coverage regarding the Lexmark patent case, where gross overpricing of ink was defended by the Federal Circuit

THE news has been dominated, to some degree, by reports about the Federal Circuit doing a disservice to society (yet again).



As the EFF put it this week: "The Federal Circuit’s rule privileges patent owners over consumers, and helps ensure even less competition in the resale market. We hope the Supreme Court takes a hard look at this case, and restores consumers’ rights in products they purchase."

“The Federal Circuit’s rule privileges patent owners over consumers, and helps ensure even less competition in the resale market.”
      --EFF
Without a doubt, many lawyers' firms and lawyers' sites are writing about it right now, e.g. [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14].

Worth noting is the fact that legal sites wrote like 10 times more articles than general news sites (or technology sites) about this case, e.g. [1, 2]. A lot of people don’t ‘get’ patents; neither do journalists. They’d use silly phrases like “invent patents” or “make patents”. The propaganda worked on them.

“Here, the court held that this type of restriction is enforceable for Lexmark, but only because Lexmark’s product is covered by patent rights.”
      --Dennis Crouch
Here is the best report we've found on this subject (so far). TechDirt, which has covered this subject for over a decade (going back to 2004 if not earlier), wrote: "if you fail to block competition with one kind, apparently you can try, try again with another kind -- and eventually you'll end up in the Court of Appeals for the Federal Circuit, who will mess everything up and kill off the competition. Printer company Lexmark has been at war with alternative suppliers of ink for well over a decade. As you may be aware, printer ink is sold at a ridiculously high markup, such that one estimate (from over a decade ago) noted that in order to fill an Olympic-sized swimming pool with printer ink, it would cost you $5.9 billion (yes, with a "b") at the checkout counter of your local office-supply retailer. The printer makers have notably taken a "give away cheap crappy printers at a low cost, and make it up in seriously overpricing the ink" strategy to their businesses. This kind of thing works great until someone tries to step in and sell competing ink."

Suffice to say, this case is about keeping the prices artificially high (higher by several orders of magnitude than the production cost). A response posted by Dennis Crouch said: "I was surprised at the en banc Federal Circuit’s decision in Lexmark to re-affirm Mallinckrodt — giving a seller power to block future resale and reuse of a patented product. My surprise is grounded in the longstanding tradition in American property law of promoting the free-flow of commerce by refusing to enforce servitudes that limit the alienation or use of goods. To be clear, courts have often enforced contracts between willing parties to this end, but those same courts have refused to allow restrictive covenants to cling to the good and bind any subsequent purchaser. Here, the court held that this type of restriction is enforceable for Lexmark, but only because Lexmark’s product is covered by patent rights."

"Remember that CAFC is responsible for many other equally tactless decisions."It was not the first time that Crouch's blog covered this case in recent days (we mentioned this a few times in last week's posts). Basically, Lexmark twists and bends the law for price-fixing/price hikes. Other companies, such as HP, would no doubt benefit from this, at the expense of the public. To quote Crouch's blog: "The presumptions are of some importance for those operating on the ground. Here, the US court will presume that foreign sales of a product do not exhaust the US patent right. Thus, an importer must obtain a release/license of those rights to avoid liability (assuming a valid and otherwise infringed patent). Of course, that license right may be implied based upon providing notice of the importation intent. In addition, depending upon the location of sale, UCC 2-312 (or its foreign equivalent) may create a presumption of license depending upon the situation."

When laws are being passed to protect the business models or large corporations at the expense of the public, are the laws at all legitimate? Should we not feel free to challenge them or better yet, engage in civil disobedience? Remember that CAFC is responsible for many other equally tactless decisions. It was also CAFC that got software patents started, not just in the US but in the whole world. In the past we showed evidence of institutional corruption inside CAFC.

"A cynic is a man who knows the price of everything and the value of nothing."

--Oscar Wilde

Recent Techrights' Posts

'Dark Patterns' or a Trap at the European Patent Office (EPO)
insincere if not malicious E-mail from the EPO's dictators
There's an Abundance of Articles About the New Release of Kali Linux, But This One is a Fake
It can add nothing except casual misinformation (fed back into the model to reinforce lies)
IBM's Leadership Ruining Lives of People Who Thought Working for IBM Would be OK
Nobody gets fire-lined for buying IBM?
The United States' Authorities Ought to Become Enforcers of the General Public License (GPL) for National Security's Sake
US federal agencies ought to pursue availability of code and GPL compliance (copyleft), not bans
The Problem of Microsoft Security Problems is Microsoft (the Solution is to Quit Microsoft) and "Salt Typhoon" Coverage Must Name CALEA Back Doors
Name the holes, not those who exploit them.
A "Year of Efficiency"
No, we don't mean layoffs
 
Microsoft: "Upgrade" to Vista 11 Today, We'll Brick Your Audio and You Cannot Prevent This
Windows Update is obligatory, so...
The Unspeakable National Security Threat: Plasticwares as the New Industrial Standard
Made to last or made to be as cheap as possible? Meritocracy or industrial rat races are everywhere now.
Microsoft's All-Time Lows in Macao and Hong Kong
Microsoft is having a hard time in China, not only for political reasons
[Meme] "It Was Like a Nuclear Winter"
This won't happen again, will it?
If You Know That Hey Hi (AI) is Hype, Then Stop Participating in It
bogus narrative of "Hey Hi (AI) arms race" and "era/age of Hey Hi" and "Hey Hi Revolution"
Bangladesh (Population Close to 200 Million) Sees Highest GNU/Linux Adoption Levels Ever
Microsoft barely has a grip on this country. It used to.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 19, 2024
IRC logs for Thursday, December 19, 2024
Gemini Links 19/12/2024: Fast Year Passes and Advent of Code Ongoing
Links for the day
Twitter is Going to Fall Out of Top 100 Domains as Clownflare (DNS MitM) Sees It
evidence of Twitter's (X's) collapse
[Meme] Making Choices at the EPO
Decisions, decisions...
Large and Significant Error Correction in South America?
Windows now has less than half what Android achieved in terms of "market share"
Links 19/12/2024: Astronaut Record and Observer Absorbed
Links for the day
Links 19/12/2024: Seven Dirty Words and Isle Release v0.0.3 (Alpha)
Links for the day
Links 19/12/2024: Nurses Besieged by "Apps", More Harms of Social Control Media Illuminated
Links for the day
15 Countries Where Yandex is Already Seen to be Bigger Than Microsoft (in Search)
Georgia, Syrian Arab Republic, Cyprus, Moldova, Ukraine, Armenia, Azerbaijan, Kyrgyz Republic, Uzbekistan, Kazakhstan, Turkmenistan, Tajikistan, Belarus, Turkey, and Russia
Links 19/12/2024: Magnitude 7.3 Earthquake and Privacy Camp
Links for the day
Gemini Links 19/12/2024: Port Of Miami Explosion, TurboQOA, Gnus
Links for the day
Fake Articles About 'Linux'
Dated yesterday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 18, 2024
IRC logs for Wednesday, December 18, 2024
FSF Has Made It Halfway to Its Target (Funding Goal) a Week Before Christmas Day
$400,000 definitely seems reachable now, especially if they extend the "deadline"
[Meme] The Master Churnalist
Speaking of press releases being passed off as "journalism"
Spamnil's TFiR: Still Pretending Press Releases Are 'Articles' (TFiR 'Originals' as Plagiarism or Fluff)
Same as last year
Links 18/12/2024: Zakir Hussain Dies, TuneIn Layoffs
Links for the day
Links 18/12/2024: Karate Love and Advent of Code
Links for the day
Windows (or Microsoft) Has Become the "One Percent" (Market Share) in Chad
How long before it falls below 1%?
Arvind Krishna, IBM's CEO, Will Eventually Suck Up to Donald Trump Like His Predecessor Did or the Watson Family Did With Adolf Hitler
Literally Hitler
Being a Geek Need Not Mean Being Sedentary
"In the past 18 months," Berkholz writes, "I’ve lost 75 pounds and gone from completely sedentary to fit, while minimizing the effort to do so (but needing a whole lot of persistence and grit)."
GAFAM Kissing the Ring of the Mafia Don
"resistance" to dictatorship and defenders of democracy?
Slop Spaghetti From the Chef, Second Time Today
Fresh slop ready out the oven!
IBM - Like Microsoft - Lies About the Number of People It's Laying Off (Several Tens of Thousands, Not Counting R.T.O. "Silent" Layoffs and Contractors/Perma-Temps)
How many waves of silent layoffs have we seen so far at IBM this year?
Links 18/12/2024: EU Launches Probe Into TikTok (At Last!)
Links for the day
Links 18/12/2024: Doha/Qatar Trafficking, Bloat Comfort Zone, and Advent of Code 2024
Links for the day
Saving What's Left of Decent and Independent Journalism on the Web
We increasingly (over time) try to make local copies (hosted on our server) of important documents; it's hard to rely on third parties
[Meme] Microsoft's Latest Marketing Pitch
"Stop Being Poor; buy a new PC with TPMs"
In South Africa, a Very Large Nation, Web Developers Can Already Ignore Microsoft Browsers (Edge Measured Below 3% in 55 Nations)
The dumb assumption you must naively test with Microsoft browsers is no longer applicable in a lot of places
Open Source Initiative (OSI) is the Voice of Bill Gates and Satya Nadella
Not hard to see what they've done with the money
Microsoft Boasts That Its (Microsoft-Sponsored) "Open Source AI" Propaganda Got Cited in Media (That's Just What the Money Did)
This is a grotesque openwashing campaign
In Many Places Around the World, Perhaps as Expected, Yandex is Nearly Bigger Than Microsoft (Like in Several African Countries)
Microsoft may soon fall to "third place" in search
Keeping Productive This Christmas
We've (pre)paid for hosting till almost January 2026 and fully back on the saddle
IBM and Canonical Leave Money on the Table Because Microsoft Pays Them Not to Compete and Instead Market Windows, WSL, Microsoft 'Clown Computing', and TPMs
Where are the regulators?
Other Editors Who Agree "Hey Hi" (AI) is Just Hype But Won't Say So Publicly as It Might Upset Key Sponsors
Some media would gladly participate in a scam to make money
Brian Fagioli's Latest "Linux" Article Appears to be Fake
Another form of plagiarism/ripoff using bots?
IBM (and Red Hat) is a Patent Troll, Still Leveraging Software Patents to Extract Money Out of Other Companies by Suing Them
Basically, when it comes to patents, IBM is demonstrably part of the problem, not the solution
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 17, 2024
IRC logs for Tuesday, December 17, 2024