Posts Tagged: first sale doctrine


Patent Exhaustion at the Supreme Court: Industry Reaction to Impression Products v. Lexmark

Bob Stoll: ''And it is the international exhaustion holding that is particularly troubling. Sales abroad act independently from the US patent system and there is no impact …
By Gene Quinn
4 months ago 29

Supreme Court rules Lexmark sales exhausted patent rights domestically and internationally

The Supreme Court determined that when a patent owner sells a product the sale exhausted patent rights in the item being sold regardless of any restrictions the …
By Gene Quinn
4 months ago 51

Trader Joe’s and Extraterritorial Application of the Lanham Act

Trader Joe’s sued Hallatt (d/b/a Pirate Joe’s) for trademark infringement in the Western District of Washington, invoking the court’s federal question and …
By Brian Focarino
1 year ago 1

What is a patent and where do patent rights come from?

A patent is a proprietary right granted by the Federal government pursuant to laws passed by Congress. The Congressional power to authorize patents is found in Article …
By Gene Quinn
2 years ago 2

Commerce Recommends Amendments to Copyright Act Statutory Damages Provisions

Earlier today the U.S. Department of Commerce issued a report titled White Paper on Remixes, First Sale, and Statutory Damages, which recommends amendments to U.S. …
By Gene Quinn
2 years ago 0

Refocusing Kirtsaeng Analysis on Extra-Territoriality Principles

The parties and amici have filed over 25 briefs in this case, almost none of which address or even consider whether the actual right granted under Section 109(a)—…
By Kevin Tottis
5 years ago 1

Copyright Issues on the Legislative Agenda for 2012-2013

Though they are unlikely to take center stage during the truncated session before elections or the post-election lame duck session, lawmakers will have to contend with several …

Digital Music Reseller Partners with Apple iTunes and Artists

Those who have followed the digital music wars over the years no doubt recall the battles between the Recording Industry and various MP3 file sharing websites. Through …
By Gene Quinn
5 years ago 1

Costco Prevails in First Sale Case Thanks to Copyright Misuse

On November 9, 2011, the United States District Court for the Eastern District of California, per Senior Judge Terry J. Hatter, Jr., granted Costco a summary judgment victory due …
By Gene Quinn
6 years ago 7

Apple to Patent Troll: Back Off Apple App Developers

Earlier today Apple, Inc. (NASDAQ: AAPL) poked a finger straight in the chest of alleged patent troll Lodsys, LLC, saying in no unmistakable terms — back off Apple …
By Gene Quinn
6 years ago 7

Top 10 Patent, Innovation & IP Events of 2010

At this time of the year all typically sit back and reflect on the year that has been, spend time with family and friends, watch some football …
By Gene Quinn
7 years ago 9

Supreme Court Punts on Costco First Sale Copyright Case

United States Supreme Court issued a non-decision in the matter of Costco Wholesale Corporation v. Omega, S.A. The Per Curiam decision simply read: "The judgment is …
By Gene Quinn
7 years ago 4

Supreme Court Hears Arguments in Costco Copyright Case

The dispute arose because Omega, S.A., sought to prevent the petitioner, Costco Wholesale Corporation, from reselling genuine watches originally sold by Omega to authorized foreign distributors. …
By Gene Quinn
7 years ago 9