10 am PST – The preliminary injunction hearing in the Static Control/Lexmark case is currently in progress in federal district court in Lexington, Ky. As of the lunch recess, Judge Karl Forester had heard opening arguments and the first part of Lexmark's presentation.
The two sides had agreed to keep their arguments to two and a half hours each, and as of the lunch break, Lexmark had approximately 45 minutes remaining in its presentation. Lexmark had presented two witnesses who were experts on copyright law and the Digital Millennium Copyright Act (DMCA).
"(Judge) Forester seems very sympathetic to copyright law at the outset," said Claude Hammond, a Lexington-based business reporter. Hammond said he felt that while Lexmark's witnesses were excellent experts in their fields, they could have been briefed on the case more fully. He reported that at this point the case seems to be centering on the copyright aspects, rather than competition or other issues.
Static will make its presentation after the lunch recess, and there could be a decision by the judge this afternoon. More information will be posted as it is made available.
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