FBA Holding Files Suit against Lexmark

FBA Holding, which operates five aftermarket companies, has filed a lawsuit against Lexmark in the U.S. District Court. FBA seeks a declaration of non-infringement for the same U.S. patents that Lexmark is asserting in its Ohio lawsuit.

In this action, FBA asks the court to declare that it does not infringe various Lexmark patents. Moreover, this FBA asserts, “Any patent rights that Lexmark may have in its products arising from the Patents-in-Suit have been exhausted.”

FBA indicates that three of its aftermarket companies were named in lawsuits from Lexmark in recent months. In addition, Lexmark attorneys requested information from FBA’s lawyers about its business operations. According to FBA, Lexmark sent emails threatening to add FBA’s companies to the Ohio lawsuit if FBA did not supply the requested information.

In addition to seeking a judgment of non-infringement, FBA asks the court to order Lexmark to refrain from asserting the Patents-in-Suit against FBA, its customers, and its suppliers. The company is also requesting lawyers’ fees and costs.

As usual, the court has ordered the parties to participate in mediation.