News & Analysis as of

Patent Exhaustion Intellectual Property Protection

Troutman Pepper

Fed. Circ. Offers Guidance on Right to Repair in Patent Law

Troutman Pepper on

For many product manufacturers, post-sale repair and maintenance of their products is a significant source of revenue, and manufacturers use various incentives to entice their customers to return to them for post-sale...more

Knobbe Martens

Aesthetic Appeal Does Not Render Design Patent Invalid

Knobbe Martens on

AUTOMOTIVE BODY PARTS ASS'N v. FORD GLOBAL TECHNOLOGIES, LLC - Before Hughes, Schall, and Stoll. Appeal from the United States District Court for the Eastern District of Michigan. Summary: Aesthetic appeal is not an...more

Dorsey & Whitney LLP

Brexit: The UK Government Issues Guidelines on the Future of Intellectual Property Laws in the Event of a ‘No Deal’ Brexit

Dorsey & Whitney LLP on

As has been widely reported in the recent weeks, the UK government is currently trying to progress negotiations on a withdrawal agreement and a framework for its future relationship with the EU. However, uncertainty remains...more

Hogan Lovells

Brexit and IP: impact of a no deal exit

Hogan Lovells on

On Monday the UK government published a series of notices on the impact of a no-deal Brexit on intellectual property right-holders....more

Hogan Lovells

Brexit Bill - Impact on patents

Hogan Lovells on

The UK government’s draft EU Withdrawal Bill (the “Brexit Bill“) aims to incorporate EU directives and regulations into UK domestic law in their current form immediately following Brexit (“Retained EU Law“).  This article...more

Hogan Lovells

European Commission paper on Brexit and IP

Hogan Lovells on

The European Commission has released a position paper on “Intellectual property rights (including geographical indications)” giving us the first indication of how the Commission will approach the Brexit negotiations with the...more

Hogan Lovells

U.S. - What does the Impression Products v. Lexmark decision mean for drug companies? 5 takeaways

Hogan Lovells on

Last May, the U.S. Supreme Court issued a highly-anticipated decision in Impression Products, Inc. v. Lexmark Int’l, Inc., reversing the Federal Circuit and holding that, when a patent holder sells a product, it exhausts all...more

Orrick, Herrington & Sutcliffe LLP

The World In U.S. Courts - Summer 2017

Bolivarian Republic of Venezuela v. Helmerich & Payne International Drilling Co., US Supreme Court, May 1, 2007 - Plaintiff Helmerich & Payne (H&P), a supplier of drilling equipment, sued Venezuela to obtain compensation...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Brewers & Blades: Avoiding Exhaustion in Products with Consumable Parts

A product with consumable or replaceable parts can be complicated to patent. These kinds of products have a reusable base component and replaceable widgets that work with it. Think razor handles with disposable razor blades,...more

Shook, Hardy & Bacon L.L.P.

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

Orrick, Herrington & Sutcliffe LLP

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

Farella Braun + Martel LLP

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

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