Patent Exhaustion Patents

News & Analysis as of

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

Federal Circuit Narrows Patent Exhaustion Doctrine - Helferich Patent Licensing, LLC v. The New York Times Co.

Addressing the scope of the judicially created doctrine of patent exhaustion, the U.S. Court of Appeals for the Federal Circuit reversed a lower court’s summary judgment of non-infringement, finding that patent exhaustion...more

Patent Misuse and Patent Exhaustion Asserted as Stand Alone Claims Dismissed for Failure to State a Claim

Continental Automotive GmbH and Continental Automotive Systems, Inc. (collectively "Continental") filed a multi-claim lawsuit against iBiquity Digital Corporation ("iBiquity"), which asserted causes of action for patent...more

Federal Circuit Review | March 2015

Patent Office’s Decision To Institute IPR Not Reviewable - In IN RE CUOZZO SPEED TECHNOLOGIES, LLC, the Federal Circuit held it lacks jurisdiction to review the Patent Office’s decision to institute inter partes review....more

Federal Circuit Limits Patent Exhaustion Doctrine for Complementary Technology

In its 2013 decision in Keurig, Inc. v. Sturm Foods, Inc., the Federal Circuit held that a purveyor of coffee cartridges did not infringe Keurig’s coffee brewing patents because Keurig had already made an unrestricted sale of...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

Helferich Patent Licensing v. New York Times et al.: Federal Circuit Reverses District Court Summary Judgment Ruling Regarding...

In Helferich Patent Licensing LLC v. New York Times Co., 2015 U.S. App. LEXIS 2047 (Fed. Cir. Feb. 10, 2015), the Court of Appeals for the Federal Circuit ("CAFC") concluded that the judicially-created doctrine of patent...more

IP Newsflash - February 2015 #2

FEDERAL CIRCUIT CASES - Federal Circuit Declines to Extend Patent Exhaustion Doctrine - In a February 10, 2015 decision, the Federal Circuit reversed a grant of summary judgment of non-infringement under the...more

Back to the Future—Supreme Court to Review Rule On Post-Expiration Patent Royalties

Kimble v. Marvel Enterprises - The U.S. Court of Appeals for the Ninth Circuit, in affirming a district court decision that toy maker Marvel was not required to make payments after the expiration of a patent,...more

Bowman v Monsanto in an Australian context

Most will be aware by now of the recent US Supreme Court decision, Bowman v Monsanto Co.,569 US (2013). One question that remains is what would have been the outcome if like facts had arisen in Australia and were considered...more

Patent Exhaustion Doctrine Continues To Energize the Courts

The past year has been unusually active for the “first sale” doctrine. Also known as patent exhaustion, the doctrine is based upon the premise that a patent holder is entitled to only one royalty for its sale of a patented...more

Developments in Patent Law 2013; The D.C. Bar Year in Review

In this article: - Patentability, Validity, and Procurement of Patents - Interpretation and Infringement of Patents - Enforcement of Patents - Patents at the U.S. Supreme Court - Excerpt...more

Federal Circuit Review - November 2013

Inequitable Conduct Found Based on Rule 131 Declaration - In Intellect Wireless, Inc. v. HTC Corp., Appeal No. 12- 1658, the Federal Circuit affirmed the district court’s judgment of unenforceability of the asserted...more

Federal Circuit Finds Distribution of Glucose Meters Exhausts Method Patent Claims

In LifeScan Scotland, Ltd. V. Shasta Technologies, LLC, the Federal Circuit found that LifeScan’s distribution of its One-Touch Ultra glucose meters exhausted its patent rights such that it could not prevent Shasta from...more

Federal Circuit Finds Patent Exhaustion From Sale of Keurig Coffee Machines

In Keurig, Inc. v. Sturm Foods, Inc., the Federal Circuit upheld the district court’s decision that Keurig’s patent rights were exhausted by the sale of its machines, and so not infringed by the defendant’s sale of...more

Supreme Court corner - Q3 2013

RECENT DECISIONS - Federal Trade Commission v. Actavis - Decided: 6/17/2013 Patent Holding: (5-3) reverse payment settlement agreements should be reviewed based on a “rule of reason. In a split...more

Setback for Patent Troll Under “Patent Exhaustion” Doctrine Liberates Mobile Technology

Helferich Patent Licensing’s (HPL) licensing program has been dealt a serious blow by an Illinois federal judge. On August 14, Judge John Darrah ruled that the New York Times and others could not infringe HPL’s patents...more

A New Wrinkle in the Defense of Patent Exhaustion

Introduction - Helferich Patent Licensing LLC ("HPL") is the exclusive licensee of a portfolio of patents directed to sending – to mobile devices – alerts containing links to content. HPL has licensed the patents to...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

Federal Circuit Review - Volume 3 | Issue 6 June 2013

In This Issue: • Judgment of Infringement Entered as Sanction • Patent Exhaustion Does Not Apply to Harvested Seeds • Judges Disagree on § 101 Standards • Litigation Is Not a Domestic Industry - Excerpt...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

IP Update, Vol. 16, No. 5, May 2013

Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies: Bowman v. Monsanto Co. - In a narrow ruling that reaffirms the scope of patent protection over seeds, and possibly over other...more

How Monsanto Applies to Nonagricultural Biotechnology

The facts behind the Supreme Court’s recent ruling in Monsanto v. Bowman are simple enough. Farmers are able to buy soybeans containing Monsanto’s patented glyphosate resistance technology under a license that permits them to...more

Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies

The Supreme Court in Bowman v. Monsanto Co. ruled unanimously that a farmer’s replanting of harvested seeds constituted making new infringing articles. While the case is important for agricultural industries, the Supreme...more

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