You May Be Exhausted Over Standard Essential Patents (And Not Even Know It)
Earlier this year, the Federal Circuit ruled en banc in Lexmark v. Impression, the most significant exhaustion ruling since the Supreme Court’s Quanta decision. In response to Impression’s cert. petition, the Supreme Court...more
The Supreme Court Hears Oral Argument Regarding the Standard for Awarding Enhanced Damages in Patent Cases - Why it matters: The U.S. Supreme Court is reviewing the standard for awarding "enhanced" damages in patent...more
Under O2 Micro, a District Court Must Provide a Claim Construction if the Parties Dispute the Meaning of a Claim Term - In Eon Corp. IP Holdings LLC v. Silver Springs Networks, Inc., Appeal No. 2015-1237, the Federal...more
Patent owners have the right to exclude all others from making, using, or selling their inventions without first obtaining permission. But what happens to somebody who lawfully purchases a product or article that embodies a...more
According to ten judges of the Federal Circuit, a patent owner’s right to sue for infringement in the United States is not exhausted by sales of products abroad or by sales subject to valid post-sale contractual restrictions...more
In a rare instance in which all judges participated, the Federal Circuit issued a ruling earlier this month, in Lexmark International, Inc. v. Impression Products, Inc., on the legal issue of patent exhaustion for both...more
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
In Lexmark International, Inc. v. Impression Products, Inc., No. 14-1617 (Fed. Cir. 2016), the U.S. Court of Appeals for the Federal Circuit decided en banc that a U.S. patent owner’s “first sale” of items in a foreign...more
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
In Lexmark International, Inc. v. Impression Products, Inc., Case No. 14-1617 (February 12, 2016), the U.S. Court of Appeals for the Federal Circuit issued its en banc decision, by a 10-2 majority, holding that: - ..A...more
FEDERAL CIRCUIT CASES - Federal Circuit Affirms its pre-Quanta and Kirtsaeng Precedent on Patent Exhaustion for Restricted Domestic Sales and Foreign Sales - In a long-awaited en banc decision, the Federal Circuit...more
Lexmark International, Inc., v. Impression Products, Inc., Case Nos. 14-1617, -1619 (Fed Cir, Feb. 12, 2016) (en banc) (Taranto, J., joined by Prost, CJ and Newman, Lourie, Moore, O’Malley, Reyna, Wallach, Chen and Stoll, JJ)...more
On Friday, February 12, 2016, the U.S. Court of Appeals for the Federal Circuit upheld limits to its patent exhaustion or "first sale" doctrine despite recent Supreme Court cases questioning the same. In an 129-page opinion...more
In Lexmark International, Inc., v. Impression Products, Inc., the en banc Federal Circuit upheld a patent holder’s rights against exhaustion under two circumstances: (1) where the patent holder had sold a patented article...more
On February 12, 2016, the Federal Circuit Court of Appeals issued a decision confirming two important aspects of the doctrine of patent exhaustion in the anticipated en banc decision in Lexmark Int’l, Inc. v. Impression...more
Last week, the Federal Circuit en banc ruled that the sale of a product abroad by a U.S. patent holder (or others) does not exhaust the patent owner’s U.S. patent rights, such as the right to exclude sale or importation of...more
The en banc Federal Circuit has issued a highly anticipated decision in Lexmark Intern., Inc. v. Impression Products, Inc., No. 2014-1617, slip op. (Fed. Cir. Feb. 12, 2016) (en banc). The patent friendly decision reaffirms...more
Patent owners recently received a favorable decision regarding exhaustion of patent rights from the en banc Federal Circuit. The case, Lexmark International, Inc., v. Impression Products, Inc., concerns aftermarket print...more
An en banc Federal Circuit in Lexmark Int’l, Inc. v. Impression Prods., Inc. affirmed pro-patent owner limits on patent exhaustion with respect to post-sale use restrictions, post-sale resale restrictions and foreign sales. ...more
The Federal Circuit issued its en banc opinion in Lexmark International, Inc. v. Impression Products, Inc. ("Lexmark") on February 12, 2016. Lexmark is the most recent in a series of cases to address the patent exhaustion...more
Highlights of 2015 and What to Watch in 2016 in The United States - Commil USA, llC v. CiSCo SyStemS, inC. (Supreme Court, may 26, 2015). In May, the Supreme Court held that a good faith belief that an asserted patent...more
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
Federal Circuit Decides Sua Sponte To Consider Patent Exhaustion Issues En Banc - On April 14, 2015, the Federal Circuit issued a precedential order pursuant to Fed. R. App. P. 35(a) ordering that the pending appeal in...more