Printer Engine Program. Since the DMCA requires that an infringer knowingly circumvent access controls on the protected program, SCC could not have knowingly circumvented protections on a program it did not know existed. With regards to the Printer Engine Program, he agreed with the majority opinion, but also noted in his belief that the consumer had acquired the rights to access this program by purchasing the printer, and therefore the DMCA would not apply to attempts to access it. Request for a rehearing Lexmark filed a request for the full Sixth Circuit to hear the case en banc. The Sixth Circuit rejected this request in February 2005. Rule 13 of the United States Supreme Court Rules of Procedure requires the losing party in a case before a court of appeals to file a petition for a writ of certiorari within 90 days from the date the court of appeals enters its judgment, or from the date of the denial of a petition for rehearing in the court of appeals. The Sixth Circuit's judgment became final for all purposes when the 90-day period expired without Lexmark filing a cert petition. Impact The Sixth Circuit's decision is noteworthy for at least two reasons: All three judges took pains to emphasize in their opinions that the DMCA must be interpreted consistently with the broader public purposes of the copyright statute, rather than as a grant of new powers to makers of technology products to impose additional restrictions not contemplated by copyright. It represents a rare defeat for large printer manufacturers like Lexmark, Hewlett-Packard and Epson in their ongoing battle with third-party ink sellers. Lexmark 2004 is also consistent with subsequent jurisprudence in the United States Court of Appeals for the Federal Circuit in The Chamberlain Group, Inc. v. Skylink Technologies, Inc., and therefore emphasizes that the DMCA was intended to create a new type of liability not a property right over durable goods incorporating copyrighted material. Trademark and false advertising: 2012 Circuit Court ruling District Court Before the Sixth Circuit's ruling, Static Control initiated a separate action in 2004 seeking declaratory judgment under federal copyright laws and the DMCA that its newly modified chips did not infringe Lexmark's copyrights, and Lexmark counterclaimed raising patent infringement, DMCA violations, and tort claims, and added three remanufacturers as third-party defendants. On remand, Lexmark successfully moved to dismiss all of Static Control's counterclaims. During the course of