Lexmark Int'l V. Static Control Components - Request For A Rehearing

Request For A Rehearing

Lexmark filed a request for the full Sixth Circuit to hear the case en banc. The Sixth Circuit rejected this request in February 2005.

Rule 13 of the United States Supreme Court Rules of Procedure requires the losing party in a case before a court of appeals to file a petition for a writ of certiorari within 90 days from the date the court of appeals enters its judgment, or from the date of the denial of a petition for rehearing in the court of appeals. The Sixth Circuit's judgment became final for all purposes when the 90-day period expired without Lexmark filing a cert petition. SCC hailed the finality of its victory by issuing a press release. Although SCC's press release suggested that the Supreme Court had actually refused to hear Lexmark's case, in fact no petition for certiorari had ever been filed.

The Sixth Circuit's decision is noteworthy for at least two reasons. First, all three judges took pains to emphasize in their opinions that the DMCA must be interpreted consistently with the broader public purposes of the copyright statute, rather than as a grant of new powers to makers of technology products to impose additional restrictions not contemplated by copyright. Second, the case represents a rare defeat for large printer manufacturers like Lexmark, Hewlett-Packard and Epson in their ongoing battle with third-party ink sellers.