News & Analysis as of

Resales Agreements

“First Sale” Exhausts Patent Rights

by Sands Anderson PC on

In a case of keen importance to sellers of refurbished products such as auto parts and medical devices, last month, in Impression Products, Inc. v. Lexmark International, Inc., ___ U.S. ___ (2017), the Supreme Court of the...more

Supreme Court Holds Sale of Patented Product Exhausts All Patent Rights

by Jackson Walker on

In a nearly unanimous opinion issued recently, the U.S. Supreme Court held “a patentee’s decision to sell a product exhausts all of its patent rights in that item, regardless of any restrictions the patentee purports to...more

First Impressions: New Strategies in the New Era of Patent Exhaustion After Impression Products v. Lexmark International

by Perkins Coie on

In Impression Products, Inc. v. Lexmark International, No. 15–1189, 137 S. Ct. ___, 2017 WL 2322830 (May 30, 2017), the U.S. Supreme Court held that a patentee’s sale of a product exhausts all of its U.S. patent rights in...more

Supreme Court's Lexmark Decision Exhausts Patents

by White & Case LLP on

On May 30, 2017, the United States Supreme Court reversed the United States Court of Appeals for the Federal Circuit's decision in Impression Products, Inc. v. Lexmark International, Inc. altering the scope of the patent...more

Supreme Court Expands Scope of Patent Exhaustion

by Stinson Leonard Street on

In Impression Products, Inc. v. Lexmark International, Inc., the U.S. Supreme Court recently held that a patent owner's initial sale of a product, in the U.S. or in a foreign country, exhausts all of the U.S. patent rights in...more

U.S. - The Supreme Court grants purchasers free “use and enjoyment” of patented items… mostly

by Hogan Lovells on

An authorized sale exhausts all patent rights in the item sold. In Impression Products Inc. v. Lexmark International, Inc. No. 15-1189, May 30, 2017, the Supreme Court found that patent exhaustion is “uniform and...more

Supreme Court Limits Patent Owners’ Ability to Control Post-Sale Use of Patented Products

by Foley Hoag LLP on

The Supreme Court last week issued its long-awaited decision regarding patent exhaustion in Impression Products, Inc. v. Lexmark International. The decision, which overturns longstanding Federal Circuit precedent, curtails...more

Supreme Court Clarifies Patent Exhaustion Doctrine and Limits Post-Sale Control

by McNair Law Firm, P.A. on

In Impression Products, Inc. v. Lexmark International, Inc., the Supreme Court held that after a patent holder sells a patented product, the patent holder cannot control the product by way of patent rights. United States...more

Supreme Court Finds Patent Rights Exhausted Overseas

by Foley & Lardner LLP on

In Impression Products, Inc. v. Lexmark International, Inc., the Supreme Court reversed the en banc decision of the Federal Circuit, and held U.S. patents rights exhausted by the patent owner’s sale of a patented article...more

Supreme Court's Lexmark Decision Expands Scope of Patent Exhaustion Defense

by Fenwick & West LLP on

For the fifth time this session, and following fast on the heels of its landmark decision in TC Heartland v. Kraft Foods earlier in May, the Supreme Court again reversed the Federal Circuit. The case, Impression Products,...more

Patent Rights are So Anemic, They’re Exhausted on First Sale

The Supreme Court in Impression Products, Inc. v. Lexmark International, Inc., has once again reversed the Federal Circuit, holding that a sale of a patented product by (or on behalf of) the patent owner, whether in the U.S....more

First Sale Extinguishes Patent Rights: Supreme Court Guts Manufacturer Control Over Secondary Market

Manufacturers have long used patents, licenses and litigation to deter competitive products and restrict secondary markets in their products. The U.S. Supreme Court just dealt these practices a severe blow, confirming that a...more

The Supreme Court Rules that Patent Rights are Exhausted by a Sale, in the U.S. and Abroad

The Supreme Court issued a 7-1 ruling in Impression Prod., Inc. v. Lexmark Int'l, Inc. that eliminated the ability for a patent holder (“patentee”) to enforce, through patent law, post-sale restrictions on an authorized...more

The World in US Courts: US Supreme Court limits patent infringement claims after ex-US sale - a special note from the World in US...

On May 30, the US Supreme Court issued a decision in Impression Products, Inc. v. Lexmark Int'l, Inc., which changed the settled law of "international patent exhaustion"—whether a US patent infringement suit may be brought in...more

What the Supreme Court’s Latest Patent Decision Means for Automotive Suppliers

by Foley & Lardner LLP on

Although U.S. patent law has long-established limits on enforcement after a patented product has been sold, the technological innovations may put a bulls-eye on the automotive industry for patent litigation. However, when...more

Supreme Court Affirms Strength of First Sale Doctrine

The Supreme Court continued its streak of reversing the Federal Circuit, this time in Impression Products, Inc. v. Lexmark Int’l, Inc., a case involving the first sale doctrine (a/k/a patent exhaustion)....more

Supreme Court Holds First Authorized Domestic or International Sale Exhausts U.S. Patent Rights

by Foley & Lardner LLP on

On May 30, 2017, the U.S. Supreme Court held in Impression Products, Inc. v. Lexmark International, Inc. that “patent exhaustion is uniform and automatic” and that patent exhaustion applies, both domestically (in an 8-0...more

Control stops here? Supreme Court reins in post-sale control of patented articles

by Thompson Coburn LLP on

The United States Supreme Court held in a largely unanimous decision that any sale of a patented item (whether foreign or domestic) exhausts the patentee’s ability to enforce post-sale restrictions through an infringement...more

U.S. Supreme Court Significantly Restricts Patent Owners’ Ability to Control Resale of Patented Items

by Knobbe Martens on

On Tuesday, May 30, 2017, the Supreme Court of the United States held in Impression Products, Inc. v. Lexmark International, Inc. that an authorized sale of a patented product exhausts all of the patentee’s rights in the...more

Supreme Court Expands Patent Exhaustion, Leaving Many Unanswered Questions, Including Effects on Copyright Law's First-Sale...

by Lathrop Gage on

On May 30, 2017, the United States Supreme Court expanded the concept of patent exhaustion. Impression Products, Inc. v. Lexmark International, Inc., No. 15-1189 (U.S. May 30, 2017)....more

Supreme Court Bolsters Patent Exhaustion Doctrine, Patent Laws Cannot Be Used Against Resellers

by Dorsey & Whitney LLP on

The Supreme Court ruled yesterday that Lexmark’s decision to sell its patented printer ink cartridge exhausted all of its patent rights in that cartridge, regardless of any contractual restrictions Lexmark attempted to impose...more

Supreme Court Overrules and Rewrites 25 Years of Federal Circuit Law on Patent Exhaustion

In keeping with recent erosion of patent rights, patent owners’ power to control the post-sale use and sale of their patented products was severely limited this week by the U.S. Supreme Court in the highly anticipated case...more

Supreme Court Curtails Use of Patent Rights to Enforce Post-Sale Restrictions

by Brinks Gilson & Lione on

On May 30, 2017, the United States Supreme Court issued a decision in Impression Products, Inc. v. Lexmark International, Inc. (Case No. 15-1189), limiting the use of patent rights to enforce post-sale restrictions on goods...more

Scotus Expands the Doctrine of Patent Exhaustion to Sales Outside the US and Confirms That the Doctrine Cannot Be Limited Through...

This week, in a highly anticipated decision with potentially far-reaching implications for many industries, the Supreme Court clarified the common law doctrine of patent exhaustion, holding that (1) the doctrine, which has...more

Supreme Court Rules That Restricted Sales of Patented Cartridges Exhaust Patent Rights

Impression Products, Inc. v. Lexmark International, Inc., Supreme Court Case 15-1189 (May 30, 2017) - The Supreme Court reverses an en banc Federal Circuit decision and rules that a “conditional sale” that ?transfers...more

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