You May Be Exhausted Over Standard Essential Patents (And Not Even Know It)
On December 2, 2016, the Supreme Court of the United States granted cert in a key case regarding the scope of the patent exhaustion doctrine, or “first sale doctrine,” as it relates to (1) sales of a patented item subject to...more
Earlier this year, the Federal Circuit ruled en banc in Lexmark v. Impression, the most significant exhaustion ruling since the Supreme Court’s Quanta decision. In response to Impression’s cert. petition, the Supreme Court...more
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