News & Analysis as of

Lexmark En Banc Review

Lathrop GPM

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

Lathrop GPM on

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

Akin Gump Strauss Hauer & Feld LLP

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

Nutter McClennen & Fish LLP

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

Bryan Cave Leighton Paisner

The Federal Circuit Upholds Express Restrictions on Downstream Sales of Patented Articles, Affirming Mallinckrodt in Light of...

The Federal Circuit issued its en banc opinion in Lexmark International, Inc. v. Impression Products, Inc. ("Lexmark") on February 12, 2016. Lexmark is the most recent in a series of cases to address the patent exhaustion...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - April 2015 #2

Federal Circuit Decides Sua Sponte To Consider Patent Exhaustion Issues En Banc - On April 14, 2015, the Federal Circuit issued a precedential order pursuant to Fed. R. App. P. 35(a) ordering that the pending appeal in...more

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