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LEXMARK INTERN. v. STATIC CONTROL COMPONENTS

No. 03-5400.

387 F.3d 522 (2004)

LEXMARK INTERNATIONAL, INC., Plaintiff-Appellee, v. STATIC CONTROL COMPONENTS, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 26, 2004.

Attorney(s) appearing for the Case

ARGUED: Seth D. Greenstein, McDermott, Will & Emery, Washington, DC, for Appellant. Christopher J. Renk, Banner & Witcoff, Chicago, IL, for Appellee. ON BRIEF: Seth D. Greenstein, M. Miller Baker, Melise R. Blakeslee, McDermott, Will & Emery, Washington, DC, W. Craig Robertson III, E. Christine Lewis, Wyatt, Tarrant & Combs, Lexington, KY, William L. London, Static Control Components, Inc., Sanford, North Carolina, for Appellant. Christopher J. Renk, Binal J. Patel, Jason S. Shull, Timothy C. Meece, Banner & Witcoff, Chicago, Illinois, Joseph M. Potenza, Bradley C. Wright, Banner & Witcoff, Washington, DC, Charles E. Shivel, Jr., Steven B. Loy, Hanly A. Ingram, Stoll, Keenon & Park, Lexington, KY, for Appellee.

Before: MERRITT and SUTTON, Circuit Judges; FEIKENS, District Judge.

SUTTON, J., delivered the opinion of the court. MERRITT, J. (pp. 551-53), delivered a separate concurring opinion. FEIKENS, D.J. (pp. 553-65), delivered a separate opinion concurring in part and dissenting in part.

OPINION

SUTTON, Circuit Judge.

This copyright dispute involves two computer programs, two federal statutes and three theories of liability. The first computer program, known as the "Toner Loading Program," calculates toner level in printers...

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