Following a hearing on Feb. 7 and several weeks of deliberations by the judge, Lexmark was awarded a preliminary injunction in the lawsuit it filed against Static Control Components on Dec. 30, 2002.
The decision, released Feb. 27, was made by Judge Karl Forester of the Lexington, Ky., District Court. This means that Static Control will not be allowed to sell the T520/620 chips in question until the lawsuit is concluded. The lawsuit is expected to last several years. During the injunction hearing two weeks ago, Bill Swartz of Static Control testified that the company projected losses of millions of dollars over the next two years if the chips could not be sold.
"We are disappointed in his order, and believe that after he or a jury has heard a full exposition of the facts that we will prevail," Charles Taylor of Static Control Components said in a statement. "Judge Forester has signed a 53-page order in this matter, and naturally we are still studying that order. Nevertheless, we think that the judge has given us guidance in this matter so that we will be able to offer a replacement Lexmark 520/620 chip that fully complies with his order. This should take place in a very few weeks."
For more information on the Lexmark case, see "Chips to Stay off the Shelves Through Feb. 28 Decision" or "Static Control Sued by Lexmark over T520/620 Chips".