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by bri3d 26 days ago
Impression v. Lexmark is directly relevant to the patent situation here; in a case involving reprogrammed ink cartridges, the Supreme Court held that patent rights are exhausted by first sale doctrine; that is, if you sell me something patented, you can't sue me for patent infringement for using the thing you sold me, even if I do something later that makes you upset.

It's also been widely held that ink cartridge compatibility tools/hacks are allowed under DMCA.

However, it does seem likely that there's probably some shenanigan involved in the area - one example I could think of would be if HP have patented the way the ink cartridges are retained in the printer, for example, that would have to be carefully audited. And there will be license and trade secrets issues with the use of the cartridges, although if they were reverse engineered cleanly and the printer doesn't come with cartridges, those are probably pretty easily side-stepped.

2 comments

These cartridges were first released in 2004, and there don't seem to have been any major design changes since then. The electrical and digital interface for printing has remained the same, as well as the mechanics. There is a new DRM system using another chip, but that is one-way - ie. It prevents an original printer from using the cartridge, but doesn't prevent use of an original cartridge by a third party printer.

Any patents are probably expired or very close to it.

A sea of patents designed to inhibit competition & promote rent extraction, and we are running around in circles chasing our tails wondering how we can compete with China.
China is changing stance on patents... Thier companies are now filing for patents at great speed, and I wouldn't be surprised if they start mass suing American companies for violations.

I could totally imagine a rapid upheaval of the patent system as soon as we see it being used against us.