The First Sale Doctrine is rule of copyright law providing that an individual who knowingly purchases a copy of a copyrighted material has the right to do what they wish with that particular copy, i.e. sell,... more +
The First Sale Doctrine is rule of copyright law providing that an individual who knowingly purchases a copy of a copyrighted material has the right to do what they wish with that particular copy, i.e. sell, display or dispose of that copy. However, the First Sale Doctrine does not grant individual purchasers the right to make unauthorized reproductions of copyrighted material and consequently, the First Sale Doctrine cannot be used as a defense against claims of infringing reproductions.
'Gray Market' Lawyer: Congress Won't Change Copyright Laws
The First Sale Doctrine Under Copyright Law Update - Kirtsaeng v. John Wiley & Sons
SCOTUS Takes "Grey Market" Goods Resale Case
In This Issue:
• Double Patenting Applies With Distinct Inventive Entities
• Inducement Judgment Remanded in Light of Akamai
• First Sale Doctrine Applies to Sales Made Abroad
- Excerpt from Double...more
*News from the Bench:
- First Sale Doctrine Applies To Copyrighted Works Lawfully Made Abroad.
- Dissenting Federal Circuit Judges Abide By The Akamai Standard.
- More On Joint Infringement and The Akamai...more
In This Issue:
Supreme Court -
Supreme Court Finds That “First Sale” Doctrine Applies to Works
Joint Actors as It Relates to Method Claim Infringement; Federal Circuit Ruling Clears Way...more
In LifeScan, Inc. v. Shasta Technologies, LLC, 2013 U.S. Dist. LEXIS 38677 (N.D. Cal. Mar. 19, 2013), Judge Davila granted plaintiff’s motion for a preliminary injunction to address claims of patent infringement, and...more
Patent Exhaustion or “First Sale Doctrine” Under U.S. law, once an unrestricted, authorized sale of a patented article occurs, a patent holder cannot assert a claim for patent infringement based on the subsequent use or sale...more
On February 19, 2013, the United States Supreme Court heard oral arguments in Vernon Hugh Bowman v. Monsanto Company. This case has far-reaching implications for the patent exhaustion or first sale doctrine in...more
In this issue:
- Kirtsaeng v. John Wiley & Sons: How the Supreme Court Will Decide the Fate of eBay, Libraries, and Yard Sales
- Supreme Court to Consider Whether (Isolated) Human Genes are Patentable
IN THIS ISSUE:
..Is It Time to Take a New Look at Appellate Review of PTO Claim Construction?
..Limits on the Use of the Disclosure-Dedication Rule Under Doctrine of Equivalents
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