First Sale Doctrine Patents

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.  less -
News & Analysis as of

Supreme Court Injects Uncertainty Into Attorney’s Fee Awards in Copyright Cases

The day after it liberalized the standard for awarding enhanced damages in patent cases, a unanimous Supreme Court, in an opinion authored by Justice Kagan, substantially broadened lower courts’ discretion in granting...more

Federal Circuit Review | March 2016

Under O2 Micro, a District Court Must Provide a Claim Construction if the Parties Dispute the Meaning of a Claim Term - In Eon Corp. IP Holdings LLC v. Silver Springs Networks, Inc., Appeal No. 2015-1237, the Federal...more

Federal Circuit “Tones Down” Efforts to Expand Patent Exhaustion

In a rare instance in which all judges participated, the Federal Circuit issued a ruling earlier this month, in Lexmark International, Inc. v. Impression Products, Inc., on the legal issue of patent exhaustion for both...more

Federal Circuit Precedents on Domestic and International Patent Exhaustion Principles Remain Unchanged (Lexmark Int’l, Inc., v....

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

The Federal Circuit Finds Foreign Sales Do Not Exhaust Patent Rights

In Lexmark International, Inc. v. Impression Products, Inc., No. 14-1617 (Fed. Cir. 2016), the U.S. Court of Appeals for the Federal Circuit decided en banc that a U.S. patent owner’s “first sale” of items in a foreign...more

IP Law Tracker Docket Review

Each month, we review significant intellectual property decisions from the U.S. Court of Appeals for the Sixth Circuit and the U.S. District Courts for the Eastern District and Western District of Michigan. Below is the...more

Patent Exhaustion Update: The Federal Circuit Allows Royalties From Different Entities In Supply Chain

Patent exhaustion, or "the first sale doctrine," requires that the initial authorized sale of a patented item by a patent owner or licensee, terminates their ability to subsequently use their patent rights against that item....more

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

TC's inside IP - Summer 2013: Supreme Court Establishes International Copyright Exhaustion - But What About Patents?

In a much anticipated case, the U.S. Supreme Court ruled on March 19, 2013 in Kirtsaeng v. John Wiley & Sons that the “first sale” or “exhaustion” doctrine of U.S. Copyright law, which allows resale of copyrighted materials,...more

"Business Cases in the US Supreme Court"

The U.S. Supreme Court recently closed its 2012 term with its usual headline-grabbing flurry of June decisions. Several of those decisions, as well as many more that received less publicity, will affect business interests. In...more

Supreme Court Corner - Q2 2013

Bowman v. Monsanto Co. - Decided: 5/13/2013 - Patent - Holding: (9-0) Patent rights are exhausted for only original seed sold. Bowman, a farmer, purchased and planted Monsanto’s patented...more

Instapundit: America's IP Laws Need to be "Pruned Back"  [Video]

May 24 (Bloomberg Law) -- Under current intellectual property law, a consumer who unlocks his or her own cellphone can be convicted as a felon. Law professor and Instapundit founder Glenn Reynolds says such a scenario is...more

Federal Circuit Review - Volume 3 | Issue 4 - April 2013

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

Intellectual Property Newsletter - March 2013

*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

Supreme Court Declines to Decide Whether the “First Sale Doctrine” Should Apply to Patent Law

On March 25, 2013, the U.S. Supreme Court denied the petition for certiorari filed by Ninestar Technology Co. in a case decided by the Federal Circuit Court of Appeals last year captioned Ninestar Tech. Co. v. ITC (Supreme...more

IP Update, Vol. 16, No. 3, March 2013

In This Issue: Supreme Court - Supreme Court Finds That “First Sale” Doctrine Applies to Works Patents - Joint Actors as It Relates to Method Claim Infringement; Federal Circuit Ruling Clears Way...more

In Oral Arguments during Bowman v. Monsanto the Supreme Court Struggles with Exhaustion Doctrine for Patented Seeds

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

IP Update, Vol. 15, No. 11, November 2012

IN THIS ISSUE: Patents - ..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 ..Causal...more

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