Posts Tagged: patent exhaustion


Enforcing Post-Sale Restrictions After Lexmark: Contracts and Antitrust Issues

Like Lexmark, many technology companies rely on aftermarket revenue streams to fund ongoing investments in research and development needed to remain competitive in hotly contested technology markets. …
By Jacob Kramer
1 month ago 3

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
2 months ago 28

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
2 months ago 51

Supreme Court hears oral arguments in Impression Products v. Lexmark International

On Tuesday, March 21st, the U.S. Supreme Court heard oral arguments in Impression Products, Inc. v. Lexmark International, Inc. The case surrounding the sale and resale …
By Steve Brachmann
4 months ago 1

Supreme Court of the United States to Hear Oral Arguments in Patent Exhaustion Case

On March 21, 2017, the Supreme Court of the United States will hear oral arguments for the case of Impression Products, Inc. v. Lexmark International, Inc. The Court will …
By Nancy L. Urizar, Ph.D.
4 months ago 2

Other Barks for Wednesday, March 15th, 2017

A well-known patent monetization firm jumps back into the brokered patent market in 2016’s fourth quarter. A federal judge in New York allows arguments over whether American …
By Steve Brachmann
4 months ago 0

Restricted Sales Do Not Exhaust Patent Rights Under Supreme Court Rulings

The Federal Circuit took the case en banc to review the applicability of the patent exhaustion doctrine under Mallinckrodt and Jazz Photo, in view of the Supreme …

CAFC reaffirms patent exhaustion doctrine cases en banc in Lexmark Int’l v. Impression Products

In a painfully long decision that at one point analyzed a 1628 statement of Lord Coke as relating to British common-law principles and what light that might shed …
By Gene Quinn
1 year ago 36

No Quanta of Solace for Farmer Bowman: Unlicensed Planting of Patented Seed Infringing Use, Not Patent Exhaustion*

n the case of Bowman v. Monsanto Co., Farmer Bowman may have believed that the “third time” would be “charm.” In two prior cases, Monsanto Co. v. …
By Eric Guttag
4 years ago 1

Sowing the seeds of wrath: Doctrine of Patent Exhaustion Could Not Save Farmer from Liability for Infringing Monsanto’s Patents on Genetically Modified Seeds

Some had hoped that the Court would use Bowman as an opportunity to address the extent of a patent owner’s monopoly over other self-replicating technologies in …
By Cindy Chen
4 years ago 14

The Role of Territoriality in Patent Exhaustion

Patent exhaustion is one of the most fundamental restrictions on patent rights. Under this doctrine, an authorized sale of a patented article moves it outside the scope …
By Derek F. Dahlgren
5 years ago 1

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