Patent Exhaustion Patents

News & Analysis as of

The Future of “Single Use Restrictions” in Jeopardy

In 1992, the United States Court of Appeals for the Federal Circuit held that manufacturers of patented medical devices can use the patent laws to enforce single-use restrictions on medical devices. Mallinckrodt, Inc. v....more

The U.S. Supreme Court Hears Oral Argument in Much Anticipated Patent Exhaustion Case

On Tuesday, the U.S. Supreme Court heard oral argument in the highly anticipated case regarding the patent exhaustion doctrine, Lexmark Int’l, Inc. v. Impression Prods., Inc., No. 15-1189...more

[Webinar] Willful Patent Infringement in Today’s World of Medical Devices: Opinions of Counsel and Operating in a State of Flux -...

As courts apply the Supreme Court’s direction on willful infringement, U.S. companies have guideposts to look to on the bounds in which they can operate. For in-house counsel with a budget, obtaining an opinion letter for...more

2017 Intellectual Property Law Year In Review

Though politics ruled the headlines in 2016, the year still brought big changes in intellectual property law and its application, most notably in patent subject matter eligibility, inter partes review institution and appeal...more

The Year in Intellectual Property: A Look Back at 2016 & A Look Ahead to 2017

Last year was an active year in intellectual property law. There were many notable developments in 2016 by a busy United States Supreme Court and the Federal Circuit. The Supreme Court and Federal Circuit issued key rulings...more

Supreme Court Will Spill Some Ink Regarding Patent Exhaustion Doctrine

The Supreme Court of the United States granted a petition for a writ of certiorari appealing a US Court of Appeals for the Federal Circuit en banc decision holding that a patent owner did not exhaust its US patent rights when...more

Seven IP Cases to Watch in Early 2017

SCA Hygiene AB v. First Quality Baby Products. LLC (Docket No. 15-927, S. Ct.) - In SCA Hygiene AB v. First Quality Baby Products LLC,the Supreme Court will consider “[w]hether and to what extent the defense of laches...more

Supreme Court to Consider Patent Exhaustion for International Sales

Last Friday, the U.S. Supreme Court granted certiorari in the patent exhaustion case, Impression Products, Inc. v. Lexmark International, Inc., Docket No. 15-1189.  The Supreme Court’s decision in this case could...more

US Supreme Court to Review Patent Exhaustion Doctrine

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

Scotus Grants Cert To Review Lexmark V. Impression

On December 2, 2016, the United States Supreme Court granted certiorari to review the en banc decision of the Federal Circuit Court of Appeals in Lexmark v. Impression. The Federal Circuit held that, unlike the situation...more

Patent Exhaustion Case Could Have Enormous Impact on Multinational Businesses

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

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

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

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

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

Patent Owner’s Licensing Program Was Fatal to Its Patent Infringement Theory - JVC Kenwood Corporation v. Nero, Inc.

Addressing whether an accused defendant infringed patents through the distribution of its software, the U.S. Court of Appeals for the Federal Circuit upheld the district court’s summary judgment that the defendant did not...more

Drafting Intellectual Property Agreements: Best Practices From a Litigator’s Perspective

As intellectual property licensing continues to grow more prevalent, legal practitioners and business personnel are being asked to craft and negotiate agreements that can significantly impact a business’s ability to compete...more

Federal Circuit Review | September 2015

Federal Circuit Remands Record Damages Award For New Trial On Extraterritorial Sales - In Carnegie Mellon University v. Marvell Technology Group, Ltd., Appeal No. 2014-1492, the Federal Circuit reversed a damages award...more

Standard Essential Patents Unenforceable on Theory of Indirect Infringement

A recent decision by the Federal Circuit in JVC Kenwood Corp. v. Nero, Inc., decided August 17, 2015, involves nuanced details of standard-essential patents, but arrived at a common sense result: either the patents at issue...more

Federal Circuit to Consider International Patent Exhaustion En Banc - Lexmark International, Inc. v. Impression Products, Inc.

The U.S. Court of Appeals for the Federal Circuit has sua sponte ordered an en banc hearing to consider the issue of international patent exhaustion. Lexmark International, Inc. v. Impression Products, Inc., Case No. 14-1617...more

[Event] How to Monetize Your Company's Patent Assets - May 21, 2015 - New York, NY

Join us as our host Wiggin & Dana presents on the latest legal developments in patent licensing and monetization. Partners Joe Casino and Michael Kasdan will take us through optimal approaches to patent monetization,...more

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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