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Exports Imports First Sale Doctrine

Braumiller Law Group, PLLC

Hot Topics in International Trade - February 2024 - What is the “First Sale” Rule and How Does it Affect Me?

Carol works in import compliance for Acme Corporation. Her customs broker advises her of a shipment from Kung Pao Industrial Company in China and asks for clearance instructions. Carol has never heard of Kung Pao Industrial...more

Braumiller Law Group, PLLC

[Webinar] What is a "First Sale" Transaction, and What Do You Do About it? - April 11th, 11:30 am - 12:30 pm CST

Join Braumiller Law Group Senior Counsel Bruce Leeds for the next few presentations in a monthly series regarding Hot Topics in International Trade Compliance...more

McDonnell Boehnen Hulbert & Berghoff LLP

Patent Exhaustion: Supreme Court Expands Patent-Limiting Doctrine

The U.S. Supreme Court at the end of the past term handed down a decision, Impression Products, Inc. v. Lexmark International, Inc., that greatly expanded the doctrine of patent exhaustion. This equitable doctrine prevents a...more

Jackson Walker

Supreme Court Holds Sale of Patented Product Exhausts All Patent Rights

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

Perkins Coie

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

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

Burr & Forman

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

Burr & Forman 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

Foley & Lardner LLP

Supreme Court Finds Patent Rights Exhausted Overseas

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

Womble Bond Dickinson

First Sale Extinguishes Patent Rights: Supreme Court Guts Manufacturer Control Over Secondary Market

Womble Bond Dickinson on

Manufacturers have long used patents, licenses and litigation to deter competitive products and restrict secondary markets in their products. The U.S. Supreme Court just dealt these practices a severe blow, confirming that a...more

Foley & Lardner LLP

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

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

McDonnell Boehnen Hulbert & Berghoff LLP

How the Kirtsaeng Decision Could Ruin the U.S. Branded Drug Industry

The Constitution gives Congress the power to grant copyright and patent protection in the same part of Article I, specifically in Section 8, Clause 8...more

Womble Bond Dickinson

Consumers 1, Publishers 0 in Recent Supreme Court Copyright Decision

Womble Bond Dickinson on

Do you manufacture copyright-protected goods in the U.S. for distribution in the American market and abroad for distribution at lower cost elsewhere? The Supreme Court handed down a decision March 19 with the potential to...more

Carlton Fields

U.S. Supreme Court Applies "First Sale" Copyright Doctrine To Allow Import And Sale Of Gray Goods

Carlton Fields on

On March 19, the United States Supreme Court in Kirtsaeng v. John Wiley & Sons, Inc., 2013 WL 1104736, held that the "first sale" doctrine, as codified in the Copyright Act, applies to copyrighted works lawfully manufactured...more

Foley & Lardner LLP

Copyright and Patent Implications of Supreme Court's First Sale Doctrine Ruling

Foley & Lardner LLP on

In a 6-3 decision issued on March 19, 2013, the U.S. Supreme Court held that the first sale doctrine, which allows the owner of a “lawfully made” copy of a copyrighted work to freely sell it, also applies to the resale of...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Clarifies "First-Sale" Doctrine's Applicability to Copyrighted Works Manufactured Abroad

On March 19, 2013, the U.S. Supreme Court issued a decision clarifying the bounds of copyright owners' rights in the global marketplace. In Kirtsaeng, dba BlueChristine99 v. John Wiley & Sons, Inc.,1 the Court held that the...more

Akerman LLP

U.S. Supreme Court Allows Wily Gray-Market Imports

Akerman LLP on

The U.S. Supreme Court has settled the long-open question of whether U.S. copyright holders can prevent the importation of gray market products in Tuesday's decision Kirtsaeng v. John Wiley & Sons, Inc., 568 U.S. _____, No....more

McDermott Will & Emery

“First Sale” Doctrine Applies to Works Lawfully Made Abroad and Imported to the United States

McDermott Will & Emery on

In a decision that may significantly impact international production and distribution practices for copyrighted works, the Supreme Court of the United States on Tuesday found that the Copyright Act’s first sale doctrine was...more

Fenwick & West LLP

Copyright Alert: Kirtsaeng v. John Wiley & Sons - USSC Holds First Sale Doctrine Applies to Foreign-Made Works, Limits...

Fenwick & West LLP on

Resolving the long legal struggle over the scope of the Copyright Act's provision governing the right of copyright owners to control imports, the Supreme Court held on Tuesday that the first sale doctrine embodied in 17...more

Morrison & Foerster LLP

Supreme Court Holds that “First Sale” Doctrine Applies to Copies of a Copyrighted Work Lawfully Made Abroad: Kirtsaeng v. John...

The Supreme Court of the United States issued its much-anticipated decision in Kirtsaeng v. John Wiley & Sons, Inc., holding that the “first sale” doctrine protects a buyer or other lawful owner of a copy of a copyrighted...more

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