Class DefinitionClass Definition All individuals and entities who, whether for All individuals and entities who, whether for

business, personal, family, household or business, personal, family, household or other use, purchased a HP inkjet printer or other use, purchased a HP inkjet printer or printer cartridge containing printer cartridge containing the the technologytechnology that prematurely registers the that prematurely registers the cartridge as being low on ink and/or shuts cartridge as being low on ink and/or shuts down the cartridge on a predetermined date down the cartridge on a predetermined date even though there is ink in the cartridge. even though there is ink in the cartridge. Excluded from the class are (1) employees Excluded from the class are (1) employees of the Defendant, including its officers or of the Defendant, including its officers or directors; (2) Defendant’s affiliates, directors; (2) Defendant’s affiliates, subsidiaries, or co-conspirators; and (3) the subsidiaries, or co-conspirators; and (3) the Court to which this case is assigned.Court to which this case is assigned.

HP SMART HP SMART Systems Printing Systems Printing

TechnologyTechnologyMarketed as a convenience, in reality, it deceives Marketed as a convenience, in reality, it deceives the consumer into discarding significant amounts of the consumer into discarding significant amounts of usable ink and purchasing more in order to usable ink and purchasing more in order to increase HP sales.increase HP sales.

HP’s Smart ChipHP’s Smart Chip

HP’s “Smart Systems Printing HP’s “Smart Systems Printing Technology” utilizes “smart chips” that Technology” utilizes “smart chips” that are installed in each print cartridge.are installed in each print cartridge.

HP’s Smart ChipHP’s Smart Chip

The smart chip stores data such as The smart chip stores data such as ink usage, brand name signature and ink usage, brand name signature and in some cases, “end-of-life” cycle. in some cases, “end-of-life” cycle.

0102030405060708090

100

Ink Level

001011000110001011110101000001010000100010000111010001011000110001011110101000001010000100010000111010001011000110001011110101000001010000100010000111010001011000110001011110101000001010000100010000111010001011000110001011110101000001010000100010000111010001011000110001011110101000001010000100010000111010001011000110001011110101000001010000100010000111010001011000110001011110101000001010000100010000111010001011000110001011110101000001010000100010000111010001011000110001011110101000001010000100010000111010001011000110001011110101000001010000100010000111010001011000110001011110101000001010000100010000111010010110001100010111101010000010100001000100001110100010110001100010111101010000010100001000100001110100010110001100010111010010001010000100010000111010001011000110001011110101000001010000100010000111010010110001100010111101010000010100001000100001110100010110001100010111101010000010100001000100001110100010110001100010111010010111011000111111001011100000010101100011100000101010000010111110101

HP’s Smart ChipHP’s Smart Chip

a.k.a. “killer chip” – disables the printer a.k.a. “killer chip” – disables the printer cartridge 30 months after the manufacture cartridge 30 months after the manufacture date, even though the cartridge is full.date, even though the cartridge is full.

HP’s Smart ChipHP’s Smart Chip

The printing The printing system purports system purports to monitor the to monitor the status of each status of each printer printer cartridge, cartridge, similar to a car's similar to a car's gas gauge.gas gauge.

HP’s Smart ChipHP’s Smart Chip Purports to Purports to

provide a provide a consumer alertconsumer alertthat ink is low.that ink is low.

HP’s Smart ChipHP’s Smart Chip

Provides part numbers and pre-Provides part numbers and pre-selected products and steers the selected products and steers the consumer to the HP SureSupply™ consumer to the HP SureSupply™ ordering website.ordering website.

The “smart chip” purports to provide a The “smart chip” purports to provide a consumer alert that ink is low even consumer alert that ink is low even though significant usable ink remains. though significant usable ink remains. This results in increased sales of HP This results in increased sales of HP replacement cartridges.replacement cartridges.

HP’s Smart ChipHP’s Smart Chip