I only skimmed the Opinion of the Court, but AFAICT: The contract was between Lexmark and the consumer. If the consumer violates that contract and sells to a

I only skimmed the Opinion of the Court, but AFAICT: The contract was between Lexmark and the consumer. If the consumer violates that contract and sells to a re-manufacturer, then the re-manufacturer may refill the cartridges, as the re-manufacturer never entered in to a contract with Lexmark. To the degree that the contract is enforceable, then it is with individual consumers. No individual consumers were parties to the case, so the validity of the contract wasn't ruled upon.