Lexmark

News & Analysis as of

En Banc Federal Circuit Revisits Its Patent Exhaustion Cases

On February 12, 2016, the United States Court of Appeals for the Federal Circuit reaffirmed its precedent governing the patent exhaustion doctrine in an en banc opinion in Lexmark International Inc. v. Impression Products...more

Your daily dose of financial news The Brief – 4.20.16

As Yahoo took stock of its suitors yesterday, it released word that its business “continued to deteriorate in the first quarter, putting more pressure on the company to find a buyer quickly for its Internet operations.”...more

Intellectual Property Law - April 2016

The Supreme Court Hears Oral Argument Regarding the Standard for Awarding Enhanced Damages in Patent Cases - Why it matters: The U.S. Supreme Court is reviewing the standard for awarding "enhanced" damages in patent...more

Protecting Your Rights Against Unauthorized Gray Market Sales

We frequently see companies affected by gray market imports and diverted sales. The gray market is caused by opportunistic importers who purchase a company’s products abroad and import them into the U.S. without...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

No Due Process Violation Where Judgment Entered on Patents Not Asserted at Trial

A recent case reminds litigators to be diligent in protecting their clients’ due-process rights when narrowing a case for trial or risk forfeiting the right to trial altogether. In Nuance Communications v. ABBYY USA Software...more

When Is a Sale Less Than a Sale?

Patent owners have the right to exclude all others from making, using, or selling their inventions without first obtaining permission. But what happens to somebody who lawfully purchases a product or article that embodies a...more

Lingering in Lexmark's wake, uncertainty about the limits of patent exhaustion

According to ten judges of the Federal Circuit, a patent owner’s right to sue for infringement in the United States is not exhausted by sales of products abroad or by sales subject to valid post-sale contractual restrictions...more

2016: Developments in Intellectual Property Law You Should Know About

This year the IP world will be brimming with changes, the largest of which will take place in the European Union. Sweeping reforms in EU trademark law will be implemented in March as well as the likelihood of the Unitary...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

Federal Circuit Holds that Restricted Sales and Foreign Sales Do Not Exhaust Patent Rights: Lexmark International, Inc. v....

In Lexmark International, Inc. v. Impression Products, Inc., the en banc Federal Circuit held that (1) the sale of an article under clearly communicated and otherwise lawful restrictions on use and resale avoids patent...more

U.S. Patent Rights Not Exhausted by Patent Owner’s Lawful Restricted Sale of Product or by Sale of Product Abroad

In Lexmark International, Inc. v. Impression Products, Inc., Case No. 14-1617 (February 12, 2016), the U.S. Court of Appeals for the Federal Circuit issued its en banc decision, by a 10-2 majority, holding that: - ..A...more

IP Newsflash - February 2016 #4

FEDERAL CIRCUIT CASES - Federal Circuit Affirms its pre-Quanta and Kirtsaeng Precedent on Patent Exhaustion for Restricted Domestic Sales and Foreign Sales - In a long-awaited en banc decision, the Federal Circuit...more

Federal Circuit Rules Its Precedents on Domestic and International Patent Exhaustion Principles Not Changed by Supreme Court Cases

Lexmark International, Inc., v. Impression Products, Inc., Case Nos. 14-1617, -1619 (Fed Cir, Feb. 12, 2016) (en banc) (Taranto, J., joined by Prost, CJ and Newman, Lourie, Moore, O’Malley, Reyna, Wallach, Chen and Stoll, JJ)...more

Patentees Prevail as Federal Circuit Upholds Limits to Patent Exhaustion

On Friday, February 12, 2016, the U.S. Court of Appeals for the Federal Circuit upheld limits to its patent exhaustion or "first sale" doctrine despite recent Supreme Court cases questioning the same. In an 129-page opinion...more

En Banc Federal Circuit Limits Patent Exhaustion

In Lexmark International, Inc., v. Impression Products, Inc., the en banc Federal Circuit upheld a patent holder’s rights against exhaustion under two circumstances: (1) where the patent holder had sold a patented article...more

Federal Circuit Declines to Disturb Established Precedent Regarding the Exhaustion of Patent Rights

On February 12, 2016, the Federal Circuit Court of Appeals issued a decision confirming two important aspects of the doctrine of patent exhaustion in the anticipated en banc decision in Lexmark Int’l, Inc. v. Impression...more

Federal Circuit re-affirms its patent exhaustion decisions en banc: Post-sale restrictions allowed, foreign sales not presumed to...

The en banc Federal Circuit by a vote of 10-2 held that patent exhaustion can be avoided by otherwise lawful post-sale contractual restrictions and that foreign sales of a patented item are not presumed to exhaust patent...more

Federal Circuit rules sale abroad does not exhaust U.S. patent rights (Lexmark v. Impression)

Last week, the Federal Circuit en banc ruled that the sale of a product abroad by a U.S. patent holder (or others) does not exhaust the patent owner’s U.S. patent rights, such as the right to exclude sale or importation of...more

Federal Circuit Rejects International Exhaustion in Lexmark, Distinguishes Scotus' Copyright Ruling in Kirtsaeng

The en banc Federal Circuit has issued a highly anticipated decision in Lexmark Intern., Inc. v. Impression Products, Inc., No. 2014-1617, slip op. (Fed. Cir. Feb. 12, 2016) (en banc). The patent friendly decision reaffirms...more

Federal Circuit Maintains Patent Exhaustion Precedent, Distinguishes Supreme Court Rulings

Patent owners recently received a favorable decision regarding exhaustion of patent rights from the en banc Federal Circuit. The case, Lexmark International, Inc., v. Impression Products, Inc., concerns aftermarket print...more

Federal Circuit Affirms Pro-Patent Owner Limits on Patent Exhaustion

An en banc Federal Circuit in Lexmark Int’l, Inc. v. Impression Prods., Inc. affirmed pro-patent owner limits on patent exhaustion with respect to post-sale use restrictions, post-sale resale restrictions and foreign...more

U.S. Patent Rights Are Not Exhausted By Restricted U.S. Sales or By Any Foreign Sales

The U.S. Court of Appeals for the Federal Circuit has issued a significant new opinion on February 12, 2016, Lexmark International, Inc. v. Impression Products, Inc., Nos. 2014-1617, 2014-1619. The impact of this new opinion...more

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