News & Analysis as of

General Business Intellectual Property International Trade

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

[Webinar] Post-Sales Restrictions After Impression Products v. Lexmark - August 2nd, 10:00am PT

The United States Supreme Court recently decided that a patent owner’s authorized sale of a patented item exhausts all patent rights to that item in Impression Products v. Lexmark International. Although this forecloses...more

US Supreme Court Says No to Post-Sale Restrictions Under Patent Law

by Latham & Watkins LLP on

The Court also holds that patent exhaustion applies to both foreign and domestic sales in a historic decision. Key Points: ..Patent rights are exhausted by sale even if the patentee purports to impose post-sale...more

China's OEM jurisprudence 1.5 years after the Pretul case: OEM use may still infringe upon Chinese trademarks

by Hogan Lovells on

OEM is a business model whereby a trademark owner orders its products from a manufacturer, often located abroad, who manufactures and supplies products branded with the purchasers marks instead of his own marks. In China,...more

R&D Based Domestic Industry Questions Remain

by Jones Day on

As noted in a previous post, ALJ Lord issued a domestic industry ruling, which the Commission later vacated without position, finding that R&D-based investments in plant and equipment or labor and capital cannot count towards...more

Protecting Your Manufacturing Innovations from Foreign Competition

by Ward and Smith, P.A. on

Commercial necessity often dictates that even though an innovation in the manufacturing process for a product occurs in the United States, the product may actually be made overseas and then sent to the United States for sale....more

Employment News - July 2017

by Hogan Lovells on

You cannot be serious – application for injunction refused - In NIIT Technologies Ltd v Chaturvedi the High Court turned down an application to enforce a non-solicitation of employees covenant, on the basis that there was...more

China's State Secret Laws: Five Unique Risks for Working With SOEs

by Kobre & Kim on

Despite opening its borders, the Chinese state still controls certain industries through majority or sole ownership. To participate in these industries, multinational companies must often set up equity or contractual joint...more

ITC Issues Public Commission Opinion Clarifying Methodology for Allocating Domestic Industry Expenses and Issuing Exclusion Order...

On May 17, 2017, the International Trade Commission (ITC) reversed an ALJ’s ruling and found a violation of Section 337 in Certain Air Mattress Systems, Components Thereof and Methods of using the Same (“Certain Air Mattress...more

EU Retail News - June 2017

by Bryan Cave on

2017 is shaping up to be the year that the UK's Committee of Advertising Practice ("CAP") puts its foot down on how companies can advertise to children online. In recent months, CAP has published a multitude of guidance to...more

“First Sale” Exhausts Patent Rights

by Sands Anderson PC on

In a case of keen importance to sellers of refurbished products such as auto parts and medical devices, last month, in Impression Products, Inc. v. Lexmark International, Inc., ___ U.S. ___ (2017), the Supreme Court of the...more

European Commission Sets its Sights on Allegedly Excessive Drug Prices

by Jones Day on

In the European Union, Big Pharma has been operating with a target on its back for the best part of the last decade. Following its 2008 sector inquiry into the pharmaceutical sector, the Commission vowed to clamp down on...more

Supreme Court Holds Sale of Patented Product Exhausts All Patent Rights

by Jackson Walker on

In a nearly unanimous opinion issued recently, the U.S. Supreme Court held “a patentee’s decision to sell a product exhausts all of its patent rights in that item, regardless of any restrictions the patentee purports to...more

The Importance of Label Licenses to Life Sciences Companies After Lexmark

On May 30, 2017, in Impression Products, Inc. v. Lexmark International, Inc., the U.S. Supreme Court held that a domestic or foreign sale of a patented product exhausts all U.S. patent rights in that product. The case was...more

First Impressions: New Strategies in the New Era of Patent Exhaustion After Impression Products v. Lexmark International

by Perkins Coie on

In Impression Products, Inc. v. Lexmark International, No. 15–1189, 137 S. Ct. ___, 2017 WL 2322830 (May 30, 2017), the U.S. Supreme Court held that a patentee’s sale of a product exhausts all of its U.S. patent rights in...more

Supreme Court's Lexmark Decision Exhausts Patents

by White & Case LLP on

On May 30, 2017, the United States Supreme Court reversed the United States Court of Appeals for the Federal Circuit's decision in Impression Products, Inc. v. Lexmark International, Inc. altering the scope of the patent...more

US: Amazon wins tax dispute over cross-border IP transfer, but favorable tax treatment may no longer be available

by Hogan Lovells on

Earlier this year in Amazon v. Commissioner, 148 T.C. No. 8 (March 23, 2017), the U.S. Tax Court issued a 207-page decision largely upholding Amazon’s tax treatment of an intellectual property transfer in 2005 and 2006 from...more

Supreme Court Clarifies Patent Exhaustion Doctrine and Limits Post-Sale Control

by McNair Law Firm, P.A. on

In Impression Products, Inc. v. Lexmark International, Inc., the Supreme Court held that after a patent holder sells a patented product, the patent holder cannot control the product by way of patent rights. United States...more

Supreme Court Finds Patent Rights Exhausted Overseas

by Foley & Lardner LLP on

In Impression Products, Inc. v. Lexmark International, Inc., the Supreme Court reversed the en banc decision of the Federal Circuit, and held U.S. patents rights exhausted by the patent owner’s sale of a patented article...more

Patent Rights are So Anemic, They’re Exhausted on First Sale

The Supreme Court in Impression Products, Inc. v. Lexmark International, Inc., has once again reversed the Federal Circuit, holding that a sale of a patented product by (or on behalf of) the patent owner, whether in the U.S....more

US Supreme Court Ruling on Exhaustion of Patent Rights is Welcome News for Canadian Exporters of Refurbished Goods

by Bennett Jones LLP on

In the United States, once a patentee has sold its product—whether domestically or internationally—its patent rights in that product are exhausted; the patentee can no longer use patent law to control refurbishing or resale...more

Food & Beverage Litigation Update | June 2017

Brazilian Meatpacker to Pay $3.2 Billion to Settle Bribery Charges - The holding company of Brazilian meatpacker JBS SA has reportedly agreed to pay a $3.2billion fine for the company’s involvement in a graft and bribery...more

Supreme Court Provides Additional Clarity on the Scope of Patent Exhaustion

According to a recent Supreme Court decision, when it comes to the applicability of patent exhaustion, “restrictions and location are irrelevant; what matters is the patentee’s decision to make a sale.” In Impression...more

What the Supreme Court’s Latest Patent Decision Means for Automotive Suppliers

by Foley & Lardner LLP on

Although U.S. patent law has long-established limits on enforcement after a patented product has been sold, the technological innovations may put a bulls-eye on the automotive industry for patent litigation. However, when...more

Supreme Court Affirms Strength of First Sale Doctrine

The Supreme Court continued its streak of reversing the Federal Circuit, this time in Impression Products, Inc. v. Lexmark Int’l, Inc., a case involving the first sale doctrine (a/k/a patent exhaustion)....more

Supreme Court Holds First Authorized Domestic or International Sale Exhausts U.S. Patent Rights

by Foley & Lardner LLP on

On May 30, 2017, the U.S. Supreme Court held in Impression Products, Inc. v. Lexmark International, Inc. that “patent exhaustion is uniform and automatic” and that patent exhaustion applies, both domestically (in an 8-0...more

571 Results
|
View per page
Page: of 23
Cybersecurity

Follow General Business Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.