News & Analysis as of

Resales Agreements Intellectual Property Protection

Hogan Lovells

Germany: Trademark exhaustion not overcome by unusual resale packaging – beauty for less

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In its case “beauty for less”, for which the judgement was released earlier this year, the Federal Supreme Court (FSC) ruled that a trademark owner cannot oppose resale advertising with the argument that the advertising is...more

Hogan Lovells

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

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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

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

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