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

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

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

5. HP’s Smart Chip The smart chip stores data such as ink usage, brand name signature and in some cases, “end-of-life” cycle. The smart chip stores data such as ink usage, brand name signature and in some cases, “end-of-life” cycle. 0010110001100010111101010000010100001000100001110100010110001100010 1111010100000101000010001000011101000101100011000101111010100000101 0000100010000111010001011000110001011110101000001010000100010000111 0100010110001100010111101010000010100001000100001110100010110001100 0101111010100000101000010001000011101000101100011000101111010100000 1010000100010000111010001011000110001011110101000001010000100010000 1110100010110001100010111101010000010100001000100001110100010110001 1000101111010100000101000010001000011101000101100011000101111010100 0001010000100010000111010001011000110001011110101000001010000100010 0001110100101100011000101111010100000101000010001000011101000101100 0110001011110101000001010000100010000111010001011000110001011101001 0001010000100010000111010001011000110001011110101000001010000100010 0001110100101100011000101111010100000101000010001000011101000101100 0110001011110101000001010000100010000111010001011000110001011101001 0111011000111111001011100000010101100011100000101010000010111110101

6. HP’s Smart Chip a.k.a. “killer chip” – disables the printer cartridge 30 months after the manufacture date, even though the cartridge is full. a.k.a. “killer chip” – disables the printer cartridge 30 months after the manufacture date, even though the cartridge is full.

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

8. HP’s Smart Chip Purports to provide a consumer alert that ink is low. Purports to provide a consumer alert that ink is low.

9. HP’s Smart Chip Provides part numbers and pre-selected products and steers the consumer to the HP SureSupply™ ordering website. Provides part numbers and pre-selected products and steers the consumer to the HP SureSupply™ ordering website.

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