According to Ron Katz of Manatt Phelps and Phillips, the Arizona Cartridge Remanufacturers Association (ACRA) will file an appeal today in its case against Lexmark.
The appeal will be heard by the U.S. Court of Appeals for the 9th Circuit, which will likely take nine to 12 months, an ACRA spokesperson said.
ACRA's appeal follows the Sept. 30 court order, issued by Judge Saundra Armstrong of the U.S. District Court's Northern District of California, that granted Lexmark's request for summary judgment. ACRA filed the suit against Lexmark in September 2001, alleging that Lexmark engages in "deceptive, false, and misleading advertising" and "unfair competition" in the promotion of its Prebate program.
For more information on the case and the areas for appeal, see the Oct. 2 article at www.rechargermag.com/news.asp?id=200310501.
