Bonum Certa Men Certa

Another Amazing Bit of News About Patents: Supreme Court Knocks Out Lexmark a Week After TC Heartland

The Supremes acknowledge that the culture of patent maximalism needs to be curbed

Summary: Justices of the US Supreme Court have just ruled (yet again) against a culture that created a patent bubble which in no way benefits producing companies (TC Heartland case) or their clients (Lexmark case)

BIG changes are afoot at the US patent system, so it's certainly not a good time to be away. 3 years after Alice we now have TC Heartland. We called it the news of the year (so far in the patent domain).



Outside the realm of software, in which most patent lawsuits are filed by trolls, there is now a decision on the Lexmark case.

"And AGAIN #SCOTUS tells #CAFC that their patent-friendly decisions are wrong," Jan Wildeboer from Red Hat wrote. "Will they learn? No."

Well, we have been writing about it for about a year. To be fair to CAFC, ever since the likes of Randall Rader left there have been some improvements in its approach.

Kit Walsh from the EFF, having written about this case for a while, had this to say some hours ago:

The Supreme Court struck a blow today [PDF] for your right to own the things you buy, reversing a lower court decision that had given patent owners the power to sue customers who paid in full for a patented item but then used it in a way the patent owner didn't care for. The Court's reasoning will help us protect your rights from overbroad copyright and other restrictions, like the ones written into "end user license agreements" for software or imposed by technological restrictions given legal teeth by Section 1201 of the DMCA.

Lexmark tried every legal trick in the book to keep you from refilling your own printer cartridges, and had finally found a sympathetic ear at the Federal Circuit, the Federal Court of Appeals with jurisdiction over patent law. The Federal Circuit agreed with Lexmark that a patent owner could write their own rules that customers would have to follow or face liability for patent infringement. Even someone who later acquired a product, like the companies that refill printer cartridges, would have to abide by these restrictions.


Cory Doctorow, who is affiliated with the EFF, then elaborated as follows:

Lexmark has spent nearly 20 years fighting the war on carbon, trying to stop you from refilling your laser printer cartridges. In 2003, they attempted to use the DMCA and DRM to argue that it was an act of piracy (the courts didn't buy it) and then in 2015, they went all the way to the Supreme Court with the idea that you were violating their patent license terms if you treated the cartridges you purchased as though you owned them.

Today, the Supreme Court told Lexmark it was wrong. Again. Saying that when a patent holder "chooses to sell an item, that product is no longer within the limits of the monopoly and instead becomes the private individual property of the purchaser, with the rights and benefits that come along with ownership."

Lexmark was trying to use patents to get something that DRM didn't get them back in the naughties, but they might well take another run at it. Back then, the company lost in part because the very simple software in its printer cartridges (a 12-byte program!) didn't rise to the level of a copyrightable work. Today, a cartridge might have tens of thousands of lines of code in it -- and thanks to dreadful laws like Section 1201 of the DMCA, all Lexmark would have to do is design their cartridges so that refilling them required breaking some kind of DRM, and they'd be able to threaten their competitors with $500,000 fines and 5 year prison sentences (for a first offense) if they helped you refill your cartridge.


We expect these SCOTUS cases (this and TC Heartland) to be discussed for a long time to come, not just in legal blogs but also the corporate media. What's more important than press coverage (or spin that we expect from the patent law firms) is the decision itself. It cannot be overturned.

Recent Techrights' Posts

Linux Journal Might Have Become the Latest Slopfarm Targeting "Linux", the Trends Are Concerning for Dying News Sites
They tarnish the Web with junk and then die
On "Learning to Code"
quality may suffer, plus things get bloated
Quick Points Regarding This Week's Court Hearing
it paves the way for us to squash all the SLAPPs from Microsofters
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 20, 2025
IRC logs for Friday, June 20, 2025
Links 21/06/2025: Phone Bans for Concerts, Tensions in Taiwan Strait
Links for the day
Gemini Links 21/06/2025: Spoilers, Public Yggdrasil Node, Changes to AuraGem Search
Links for the day
"Six years of Gemini!"
From gemini://geminiprotocol.net
Gemini Links 20/06/2025: Summer Updates and Hardware Failures
Links for the day
Links 20/06/2025: Google Shareholder Sues Google and Google Sued for Defamatory Slop ('Hey Hi') Word Salads ('Summaries')
Links for the day
Common Mistake: Believing Social Control Media Will Document Your Writings/Thoughts and Search Engines Like Google Will Help You Find These
Many news sites wrongly assumed that posting directly to Twitter would be acceptable
The Manchester Bees and This Hot Summer
We have had a fantastic week so far this week
Gemini Protocol Enters Its Seventh Year, Growth Has Accelerated!
Maybe in June 20 2026 there will be over 3,500 active capsules?
Mastodon and the Fediverse Have an Issue: Liability for Content (Even in Other Instances) and Costs
self-hosting is the only logical path forward
Why Microsoft and Its 'Hey Hi' (Slop) Frenzy Fail While Sinking in Deep, Growing Debt
Right now, like Twitter around the time it was sold to MElon, "open" "hey hi" is a big pile of debt with a lot to pay for that debt (interest payments)
Europe is Leaving Microsoft, the Press Coverage Isn't Sufficiently Helpful
The news is generally positive, but the press coverage leaves so much to be desired
Slopwatch: Linuxsecurity, BetaNews, and Linux Journal
slippery slope
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 19, 2025
IRC logs for Thursday, June 19, 2025
Gemini Links 20/06/2025: Gemini Protocol Turns 6!
Links for the day
Links 19/06/2025: Ghostwriting Scam and Fentanylware (TikTok) Buying Time
Links for the day
Microsoft's Windows is a Niche Operating System in Africa
African nations aren't a large contributor to Microsoft's income, but if many African nations move away from Windows, then the monopoly is at risk
Gemini Links 19/06/2025: Unix Primitivism, Zine Club, and Gemini Protocol Turns 6 at Midnight
Links for the day
Links 19/06/2025: WhatsApp Identified as Assassination 'Crosshairs', Patreon Now Rips Off People Even More
Links for the day
"Told You So": Another Very Large Wave of Microsoft Layoffs Now Confirmed in Mainstream Media
So we were right to believe the rumours, based on the credibility of prior such rumours
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 18, 2025
IRC logs for Wednesday, June 18, 2025