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Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Is Software Patentable? Recent US Case Law Offers a Glimmer of Hope

by Field Law on

Many inventions involve software, and many inventors are interested in protecting such inventions with a patent. The question is: are software inventions patentable? Based on recent cases in the United States, the answer is:...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

CJEU: Operation of Peer-to-Peer Sharing Platform May Qualify as Copyright Infringement

by Reed Smith on

In a preliminary judgment of 14 June 2017, Case C-610/15, the Court of Justice of the European Union (‘CJEU’) held that the making available and management of a peer-to-peer sharing platform may constitute a copyright...more

Global Patent Prosecution Newsletter - June 2017

Revocation Proceedings Around the World - Mechanisms to challenge the validity of granted patents are available in many countries throughout the world. The June 2017 issue of Sterne Kessler’s Global Patent Prosecution...more

The Essentiality Test – Falling Out of Favour at the EPO?

The European Patent Office (EPO) has a notoriously strict approach when considering amendments to patent applications. If an amendment extends the subject matter beyond the content of the application as filed, then the...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

Trade Secrets May Retain Protections Despite Disclosure to Single Competitor

by Seyfarth Shaw LLP on

The Ninth Circuit recently held in United States v. Liew that it was not plain error for the district court not to instruct the jury that disclosure “‘to even a single recipient who is not legally bound to maintain [a trade...more

European Copyright Reform – Safe Harbour and the Value Gap

by Reed Smith on

Copyright law in Europe is changing. In a client alert last year we highlighted the European Commission’s plans to tackle what some content owners have termed the ‘value gap’, as well as complaints of unfair practices in the...more

U.S. International Trade Commission Considers $37M Fine for Continued Patent-Infringing Imports

The U.S. International Trade Commission is weighing the recommendation of an Administrative Law Judge that GPS gear-maker Garmin be fined $37 million for violating previous Commission orders. The Commission had found in 2015...more

For Patent Infringement, Sold Property Is All Yours

by Strasburger & Price, LLP on

When do patent rights end? If you buy a patented invention, is it your property in the same way that you can do with a pair of pants as you please after purchasing it? ...more

Supreme Court's Lexmark Decision Expands Scope of Patent Exhaustion Defense

by Fenwick & West LLP on

For the fifth time this session, and following fast on the heels of its landmark decision in TC Heartland v. Kraft Foods earlier in May, the Supreme Court again reversed the Federal Circuit. The case, Impression Products,...more

ECJ Strengthens Position of Media Industry in Fight Against Piracy

by Morrison & Foerster LLP on

On April 26, 2017, the European Court of Justice (ECJ) issued a judgment on the liability of sellers of set-top boxes containing pre-installed add-ons enabling illegal access to motion pictures as well as to Pay-TV and SVoD...more

Patent Grace Period Laws in the IP5 Patent Offices: Some Similarities But Largely Different

Life science and other high technology companies most frequently file patent applications in five IP offices (IP5), namely: the United States Patent and Trademark Office (USPTO), the European Patent Office (EPO), the Japanese...more

The Supreme Court Rules that Patent Rights are Exhausted by a Sale, in the U.S. and Abroad

The Supreme Court issued a 7-1 ruling in Impression Prod., Inc. v. Lexmark Int'l, Inc. that eliminated the ability for a patent holder (“patentee”) to enforce, through patent law, post-sale restrictions on an authorized...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

The World in US Courts: US Supreme Court limits patent infringement claims after ex-US sale - a special note from the World in US...

On May 30, the US Supreme Court issued a decision in Impression Products, Inc. v. Lexmark Int'l, Inc., which changed the settled law of "international patent exhaustion"—whether a US patent infringement suit may be brought in...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

Supreme Court Holds That Patent Exhaustion Applies to All Sales, Domestic and International, Regardless of Post-Sale Restrictions

by Ropes & Gray LLP on

On May 30, 2017, in Impression Products, Inc. v. Lexmark International, Inc., the Supreme Court ruled that “a patentee’s decision to sell a product exhausts all of its patent rights in that item, regardless of any...more

Supreme Court Bolsters Patent Exhaustion Doctrine, Patent Laws Cannot Be Used Against Resellers

by Dorsey & Whitney LLP on

The Supreme Court ruled yesterday that Lexmark’s decision to sell its patented printer ink cartridge exhausted all of its patent rights in that cartridge, regardless of any contractual restrictions Lexmark attempted to impose...more

Rx IP Update - May 2017

by Smart & Biggar on

Federal Court of Appeal finds that Apotex did not fail to mitigate its damages in relation to Apo-Trazodone drug submission - On April 6, 2017, the Federal Court of Appeal overturned the Federal Court’s finding that...more

U.S. Supreme Court Rules That Domestic and Foreign Sales of a Patented Article Exhaust All Patent Rights

On May 30, 2017, the U.S. Supreme Court set forth a bright-line patent exhaustion rule, holding that both domestic and foreign sales exhaust all rights under the Patent Act. Chief Justice John Roberts authored the opinion for...more

Supreme Court Curtails After-Market Reach of Patent Rights

by Stoel Rives LLP on

On Tuesday (May 30, 2017), the U.S. Supreme Court curtailed the after-market reach of patent rights. The decision in Impression Products, Inc. v. Lexmark International, Inc., No. 15-1189 (S. Ct. May 30, 2017) (8-0; 7-1),...more

US Supreme Court rejects post-sale restrictions on patented items and finds international sales exhaust US patent rights

by Dentons on

Rejecting the Federal Circuit's en banc interpretation of the patent exhaustion doctrine, the US Supreme Court held that an authorized sale by a patent owner exhausts all patent rights in the item sold regardless of whether...more

Changes coming soon for pharmaceutical patent litigation in Canada: key points

by DLA Piper on

As a result of the Comprehensive Economic Trade Agreement with the European Union, significant changes to the patent linkage provisions and patent litigation framework relating to generic and biosimilar drug approval in...more

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