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Lexmark Appeals

Fox Rothschild LLP

The Federal Circuit: Lexmark Governs Standing For Trademark Cancellation Proceedings

Fox Rothschild LLP on

On October 27, 2020, the Federal Circuit affirmed a U.S. Trademark Trial and Appeal Board (“TTAB”) decision canceling Corcamore, LLC’s registration for the mark SPROUT. More specifically, the Federal Circuit concluded that...more

Foley & Lardner LLP

No Due Process Violation Where Judgment Entered on Patents Not Asserted at Trial

Foley & Lardner LLP on

A recent case reminds litigators to be diligent in protecting their clients’ due-process rights when narrowing a case for trial or risk forfeiting the right to trial altogether. In Nuance Communications v. ABBYY USA Software...more

McDermott Will & Emery

Federal Circuit Precedents on Domestic and International Patent Exhaustion Principles Remain Unchanged (Lexmark Int’l, Inc., v....

McDermott Will & Emery on

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

Morrison & Foerster LLP

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

McDermott Will & Emery

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

McDermott Will & Emery on

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

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