News & Analysis as of September 22, 2024

Patents

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Supreme Court Holds Sale of Patented Product Exhausts All Patent Rights

Jackson Walker on 6/14/2017

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

Womble Bond Dickinson on 6/5/2017

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

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

Foley & Lardner LLP on 6/2/2017

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

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

Knobbe Martens on 6/1/2017

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

MoFo IP Newsletter - August 2016

Morrison & Foerster LLP on 8/13/2016

Supreme Court Abolished Federal Circuit's Test for Willfulness - On June 13, 2016, in Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (2016), the Supreme Court unanimously abrogated the Federal Circuit’s...more

Federal Circuit Review | July 2016

Knobbe Martens on 7/28/2016

Obvious Combinations Do Not Need to Be Physically Combinable - In Allied Erecting and Dismantling Co., Inc. v. Genesis Attachments, LLC, Appeal No. 2015-1533, the Federal Circuit affirmed the PTAB’s invalidity finding...more

Supreme Court Injects Uncertainty Into Attorney’s Fee Awards in Copyright Cases

McNees Wallace & Nurick LLC on 6/23/2016

The day after it liberalized the standard for awarding enhanced damages in patent cases, a unanimous Supreme Court, in an opinion authored by Justice Kagan, substantially broadened lower courts’ discretion in granting...more

High Court Eases Ability to Recover Enhanced Remedies in Patent and Copyright Cases

Chambliss, Bahner & Stophel, P.C. on 6/22/2016

Within the past week, the U.S. Supreme Court handed down two unanimous rulings that could make it easier for prevailing parties in patent cases to recover enhanced damages and for winning parties in copyright cases to recover...more

Intellectual Property Law - June 2016

Manatt, Phelps & Phillips, LLP on 6/13/2016

Defend Trade Secrets Act of 2016: An Overview - Why it matters: The Defend Trade Secrets Act of 2016 (DTSA) was signed into law on May 11, 2016 and gives trade secret owners a federal cause of action for injunctive...more

Intellectual Property Year in Review

McNees Wallace & Nurick LLC on 1/28/2014

With the new year underway, we take a look back at some of the intellectual property-related highlights of 2013. Not only did the federal copyright and trademark agencies face a full-blown government shutdown this past year,...more

"Business Cases in the US Supreme Court"

Skadden, Arps, Slate, Meagher & Flom LLP on 7/15/2013

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

Intellectual Property Newsletter - March 2013

King & Spalding on 4/5/2013

*News from the Bench: - First Sale Doctrine Applies To Copyrighted Works Lawfully Made Abroad. - Dissenting Federal Circuit Judges Abide By The Akamai Standard. - More On Joint Infringement and The Akamai...more

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Supreme Court of the United States › Kirtsaeng v. John Wiley & Sons › Patents

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