Wearing My Amicus Briefs – Berto goes to the Federal Court
In June 2015, all printer OEMs and the aftermarket were focused on a case before the US Federal Court over the patent rights OEMs retain after they have first sold their printer cartridges. Support in the form of amicus briefs was collected from interest parties and other industries on both sides.
Maybe Berto should have found out “amicus briefs” before he wore his Hawaiian shorts, or briefs, to the Federal Court.
According to Wikipedia, an amicus curiae—literally “friend of the court”—is someone who is not a party to a case and may or may not have been solicited by a party and who assists a court by offering information, expertise, or insight that has a bearing on the issues in the case; and is typically presented in the form of a brief. The decision on whether to consider an amicus brief lies within the discretion of the court.
The case between Impression Products and Lexmark, is over patent rights on the first sale of cartridges outside the USA, and prebate cartridges sold inside the United States. Twenty companies filed amicus briefs to see restrictive patent laws overturned in the US. A rare en banc hearing was called where all 17 Federal Circuit judges must deliberate on the case.
And the panel also invited “friend of the court” briefs, called amicus briefs, to be lodged to support either side of the argument.
20 companies filed amicus briefs to see a change in the current laws, including the American Retailers Association, Intel, Google, CostCo and Samsung.
Berto #27: May 5, 2015: Wearing My Amicus Briefs – Berto goes to the Federal Court
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Last month’s Berto cartoon: Remanufacturing Foreign Cartridges Confusion -Berto gets caught at the border
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