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Wednesday, 31 May 2017 17:54

Supreme Court Reverses CAFC Decision on Patent Exhaustion

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The Supreme Court in Impression Products v. Lexmark reversed the CAFC decision regarding the scope of the patent exhaustion doctrine, holding that patent rights are exhausted completely for an authorized sale of a patented article to a purchaser, regardless of whether this occurs in the US or internationally. In other words, all patent rights on a patented article are exhausted upon its sale anywhere in the world. In reaching this conclusion, the Court noted that "nothing in the text or history of the Patent Act shows that Congress intended to confine that borderless common law principle to domestic sales", and rather, patent exhaustion "remains an unwritten limit on the scope of the patentee’s monopoly." For the full case and opinion -- https://www.supremecourt.gov/opinions/16pdf/15-1189_ebfj.pdf

Read 2391 times Last modified on Wednesday, 31 May 2017 18:05
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.

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