News & Analysis as of

Patent Exhaustion First Sale Doctrine

Patent Exhaustion: Supreme Court Expands Patent-Limiting Doctrine

The U.S. Supreme Court at the end of the past term handed down a decision, Impression Products, Inc. v. Lexmark International, Inc., that greatly expanded the doctrine of patent exhaustion. This equitable doctrine prevents a...more

Exhausted!: The Supreme Court Weakens Patent Owners’ Rights to Enforce Post-Sale Restrictions on Patented Products

Patent owners have long imposed post-sale restrictions on their patented goods and relied on U.S. patent laws to enforce these restrictions. For instance, companies have sought to enforce “single use” restrictions on their...more

Supreme Court Corner Q2 2017

by DLA Piper on

Impression Products, Inc. v. Lexmark International, Inc. PATENT – Decided: May 30, 2017 - HOLDING: All patent rights of a product are exhausted when the product is sold, "regardless of any restrictions the patentee...more

US Supreme Court Says No to Post-Sale Restrictions Under Patent Law

by Latham & Watkins LLP on

The Court also holds that patent exhaustion applies to both foreign and domestic sales in a historic decision. Key Points: ..Patent rights are exhausted by sale even if the patentee purports to impose post-sale...more

Federal Circuit Review - June 2017

by Knobbe Martens on

Inter Partes Reexamination Estoppel Attaches On Claim-by-Claim Basis for New Requests and Pending Proceedings - In In re Affinity Labs Of Texas, LLC, Appeal Nos. 2016-1092, 2016-1172, the Federal Circuit held that the...more

Exhaustion and the “Right to Repair”: Ownership Rights after Impression Products, Inc. v. Lexmark Intern., Inc.

by Fish & Richardson on

Hailed by some as the “right to repair”, on May 30, 2017, the Supreme Court ruled that a seller’s patent rights are not valid beyond the first sale of the patented product. Impression Products, Inc. v. Lexmark Intern., Inc....more

“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 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

For Patent Infringement, Sold Property Is All Yours

by Strasburger & Price, LLP on

When do patent rights end? If you buy a patented invention, is it your property in the same way that you can do with a pair of pants as you please after purchasing it? ...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

by Womble Bond Dickinson on

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

US Supreme Court Ruling on Exhaustion of Patent Rights is Welcome News for Canadian Exporters of Refurbished Goods

by Bennett Jones LLP on

In the United States, once a patentee has sold its product—whether domestically or internationally—its patent rights in that product are exhausted; the patentee can no longer use patent law to control refurbishing or resale...more

No Second Bite of the Patent Apple by Patent Owner, Says Supreme Court

On Tuesday, May 30, 2017, the Supreme Court issued a decision in Impression Prods., Inc. v. Lexmark Int’l, Inc., that eliminates a patentee’s patent rights in a product sold by the patentee. The Supreme Court held that “a...more

U.S. Supreme Court Sets the Tone for Patent Exhaustion

by Alston & Bird on

Earlier this week, the Supreme Court altered the landscape of patent exhaustion in Impression Products Inc. v. Lexmark International Inc. The Court, in reversing the Federal Circuit, held that a patentee’s decision to sell a...more

Supreme Court Provides Additional Clarity on the Scope of Patent Exhaustion

According to a recent Supreme Court decision, when it comes to the applicability of patent exhaustion, “restrictions and location are irrelevant; what matters is the patentee’s decision to make a sale.” In Impression...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

The Supreme Court Makes an "Impression": Patent Exhaustion Defined

by Bryan Cave on

Earlier this week, the U.S. Supreme Court’s ruling in Impression Prods., Inc. v. Lexmark Int’l, Inc., 581 U.S. ___ (2017) reversed the Federal Circuit’s interpretation of the patent exhaustion doctrine. The Supreme Court held...more

Supreme Court Holds That Patent Exhaustion Applies to All Sales, Domestic and International, Regardless of Post-Sale Restrictions

by Ropes & Gray LLP on

On May 30, 2017, in Impression Products, Inc. v. Lexmark International, Inc., the Supreme Court ruled that “a patentee’s decision to sell a product exhausts all of its patent rights in that item, regardless of any...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

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