1. Yes, most laser printers are probably owned by businesses, but this does not imply that most sales are business-to-business in the direct sense. The vast majority of small businesses buy their computer consumables the same way you and I do, either at the local computer store or from an online retailer at the posted price.

2. The non-business use of laser printers is probably greater than the judge believes, thus creating a second category of normal retail transactions.

This said, the concept of "negotiated sale" may be negated. Is the non-Prebate version of the cartridge available at all? If not, then there are no negotiations. "Take it or leave it" does not constitute a negotiated sale, the way I see it. And you can't say the consumer made the choice by buying a Lexmark printer to begin with, if these terms were not available for review at the time of that purchase (realistically, how often do you buy a new printer and a toner cartridge at the same time, given that one is usually included with the printer?).

I'm willing to bet this one ends up at the Appeals Court. It'll be interesting to see how that turns out.