Paul Devinsky

Paul Devinsky

McDermott Will & Emery

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Federal Circuit to Consider International Patent Exhaustion En Banc - Lexmark International, Inc. v. Impression Products, Inc.

The U.S. Court of Appeals for the Federal Circuit has sua sponte ordered an en banc hearing to consider the issue of international patent exhaustion. Lexmark International, Inc. v. Impression Products, Inc., Case No. 14-1617...more

5/15/2015 - Appeals Lexmark Patent Exhaustion Patent Litigation Patents

Back to the Future—Supreme Court to Review Rule On Post-Expiration Patent Royalties

Kimble v. Marvel Enterprises - The U.S. Court of Appeals for the Ninth Circuit, in affirming a district court decision that toy maker Marvel was not required to make payments after the expiration of a patent,...more

1/20/2015 - IP License Kimble v Marvel Enterprises License Agreements Patent Exhaustion Patent Royalties Patents SCOTUS

IP Update, Vol. 16, No. 5, May 2013

Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies: Bowman v. Monsanto Co. - In a narrow ruling that reaffirms the scope of patent protection over seeds, and possibly over other...more

5/31/2013 - Arbitration Bowman v Monsanto Claim Construction CLS Bank CLS Bank v Alice Corp Copyright FRAND Genetically Engineered Seed Infringement Monsanto Obviousness Patent Exhaustion Patents SCOTUS Self-Replicating Inventions Standards-Essential Patents Standing Trademarks

Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies

The Supreme Court in Bowman v. Monsanto Co. ruled unanimously that a farmer’s replanting of harvested seeds constituted making new infringing articles. While the case is important for agricultural industries, the Supreme...more

5/17/2013 - Antitrust Investigations Bowman v Monsanto Genetically Engineered Seed Monsanto Patent Exhaustion Patents Seeds

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