ACRA Officially Files Appellate Brief in its Case Against Lexmark
On Feb. 2, Ron Katz of Manatt, Phelps and Phillips, who represents the Arizona Cartridge Remanufacturers Association (ACRA), filed an appellate brief for ACRA’s case against Lexmark.
Currently, the U.S. Court of Appeals for the 9th Circuit is considering an appeal on this case, which will likely take another six to nine months.
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.
View the entire appellate brief on the ACRA Web site at www.supportacra.org.
This article originally appeared in the March 2004 issue of Recharger.