"Box-Wrap" Patent Infringement

Found on Corante on Saturday, 03 September 2005
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What's that, you ask? Evidently, it's when you ignore the terms written on the side of Lexmark printer cartridge box, refilling the cartridge with ink even when the company has designated it "single use only." According to the Ninth Circuit ruling [PDF] this week in ACRA v. Lexmark, opening the package means you agree to Lexmark's wishes. And if you break that agreement, you could face claims under contract and patent law.

As Fred von Lohmann explains it, it's sort of like when you buy those fancy Gillette Sensor razors, then purchase cheap replacement razor heads — except that a court has ruled that if the package says "single use," then by opening it you've agreed you can't have any cheap replacements (but you can buy another Gillette "single use" razor). And that means the company that makes the replacement heads is out of luck, too.

Although you buy it, you don't really own it. Well, I don't care at all. When I buy something, I own it. I can use it, burn it, throw it away, take it apart or replace parts with whatever I like. That's like the music industry who tries to control your CD use.