The en banc U. S. Court of Appeals for the Federal Circuit issued its long awaited (10-2) decision, reaffirming the court’s prior rulings in Mallinckrodt and Jazz Photo that a seller can use its patent rights to block resale...more
Lexmark International, Inc., v. Impression Products, Inc., Case Nos. 14-1617, -1619 (Fed Cir, Feb. 12, 2016) (en banc) (Taranto, J., joined by Prost, CJ and Newman, Lourie, Moore, O’Malley, Reyna, Wallach, Chen and Stoll, JJ)...more
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
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
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 ,
Standard Essential Patents ,
Standing ,
Trademarks
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