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Saturday, 03 December 2016 22:13

Supreme Court Grants Cert. in Patent Exhaustion Case

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The Supreme Court has recently granted certiorari on the issue of patent exhaustion, in Impression Products, Inc. v. Lexmark Int., Inc., Docket No. 15-1189. Patent exhaustion is a doctrine which holds that the initial authorized sale of a patented item terminates all patent rights to that particular item thereafter. Two questions are presented in this case, regarding both domestic and international exhaustion.

  1. Whether a U.S. patent owner may invoke patent law to enforce restrictions on the use or resale of a patented article after the first authorized sale of the article in the United States.

  2. Whether and under what circumstances a U.S. patent owner may authorize the sale of a patented article in a foreign country, either under a foreign patent or otherwise in accordance with foreign law, while reserving its exclusive rights under U.S. patent law.

For the full case history, head over to SCOTUSblog: http://www.scotusblog.com/case-files/cases/impression-products-inc-v-lexmark-international-inc/

Read 2719 times Last modified on Saturday, 03 December 2016 22:23
Tony Guo

As a specialized technology counsel, Tony supports his clients in the high tech, creative, and online industries. His primary areas of practice include intellectual property protection, Internet law, and startups. Tony is a USPTO registered patent attorney, as well as a licensed lawyer in California and Florida. He comes from a background involving considerable hardware and software development experience, having worked in both development and IT roles in the tech and finance industries.