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NAFTA Renegotiation Would Intend to Benefit Farmers, Ranchers

by Varnum LLP on

In recent weeks, the Trump administration took the first step toward renegotiating the North American Free Trade Agreement (NAFTA). Robert Lighthizer, United States Trade Representative (USTR), sent a letter to Congress...more

U.S. Treasury Releases FAQs Addressing Trump's Announcements on Changes to U.S.-Cuba Sanctions Regulations

by Holland & Knight LLP on

On the afternoon of June 16, 2017, shortly before President Donald Trump announced new changes to the U.S.-Cuba policy, the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) issued 12 frequently asked...more

Taiwan: Cross-border opportunities amid global change: A tale of two trade agreements, Trump and Taiwan

by White & Case LLP on

Recent international developments could impact Taiwan's global competitiveness while opening opportunities for new trade negotiations in the Asia-Pacific region...more

The First Thing You Should Do…

by Arnall Golden Gregory LLP on

The first thing you should do when considering whether to export your product to the United States is determine whether the product can be marketed or sold in the United States, or if there are license or registration...more

What Can We Tell About the Trump Administration’s Focus on Compliance?

There are a few early signs that the Trump administration will continue to hold companies to the “way of compliance,” as our colleague Jane Lewis-Raymond put it recently on this blog. But after the first four months of his...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

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

Compliance Report-International Edition, Luciana Silveira Effect of FCPA on International Trade

by Thomas Fox on

In this episode I visit with Luciana Silveira, a PhD candidate who is studying the FCPA and it is has affected did trade flows. Some of the questions she is considering include the following: Was US business abroad affected?...more

Supreme Court Expands Scope of Patent Exhaustion

by Stinson Leonard Street on

In Impression Products, Inc. v. Lexmark International, Inc., the U.S. Supreme Court recently held that a patent owner's initial sale of a product, in the U.S. or in a foreign country, exhausts all of the U.S. patent rights in...more

U.S. - The Supreme Court grants purchasers free “use and enjoyment” of patented items… mostly

by Hogan Lovells on

An authorized sale exhausts all patent rights in the item sold. In Impression Products Inc. v. Lexmark International, Inc. No. 15-1189, May 30, 2017, the Supreme Court found that patent exhaustion is “uniform and...more

Trade Agreements Leading Up to NAFTA Renegotiations, US Industry Response

by Cozen O'Connor on

While formal NAFTA renegotiation has not begun, there has been movement by the administration to begin reshaping trade deals with both Mexico and Canada since President Trump announced his plans and sent notice to Congress to...more

Supreme Court Limits Patent Owners’ Ability to Control Post-Sale Use of Patented Products

by Foley Hoag LLP on

The Supreme Court last week issued its long-awaited decision regarding patent exhaustion in Impression Products, Inc. v. Lexmark International. The decision, which overturns longstanding Federal Circuit precedent, curtails...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

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

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

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

Control stops here? Supreme Court reins in post-sale control of patented articles

by Thompson Coburn LLP on

The United States Supreme Court held in a largely unanimous decision that any sale of a patented item (whether foreign or domestic) exhausts the patentee’s ability to enforce post-sale restrictions through an infringement...more

U.S. Supreme Court Significantly Restricts Patent Owners’ Ability to Control Resale of Patented Items

by Knobbe Martens on

On Tuesday, May 30, 2017, the Supreme Court of the United States held in Impression Products, Inc. v. Lexmark International, Inc. that an authorized sale of a patented product exhausts all of the patentee’s rights in the...more

Boletín Mensual de Comercio Internacional: Mayo - Información con énfasis en la Regulación Comercial y de Arbitraje Internacional

by Holland & Knight LLP on

Comercio U.S. Trade Representative - Estados Unidos notificó a su Congreso la intención de iniciar negociaciones con Canadá y México en relación a la modernización del Tratado de Libre Comercio de América del Norte, las...more

Supreme Court Overrules and Rewrites 25 Years of Federal Circuit Law on Patent Exhaustion

In keeping with recent erosion of patent rights, patent owners’ power to control the post-sale use and sale of their patented products was severely limited this week by the U.S. Supreme Court in the highly anticipated case...more

Supreme Court Curtails Use of Patent Rights to Enforce Post-Sale Restrictions

by Brinks Gilson & Lione on

On May 30, 2017, the United States Supreme Court issued a decision in Impression Products, Inc. v. Lexmark International, Inc. (Case No. 15-1189), limiting the use of patent rights to enforce post-sale restrictions on goods...more

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