News & Analysis as of

Resales Agreements Stream of Commerce

Morrison & Foerster LLP

Three Views Of Stream-Of-Commerce Jurisdiction For Infringing IP

Bryan Wilson and Yuqing Cui authored an article for Law360 covering the use of the stream-of-commerce theory in patent cases. Without a consensus on the standard for using this theory in the U.S. Supreme Court, the authors...more

Akin Gump Strauss Hauer & Feld LLP

Authorized Sale of a Product Does Not Exhaust Patent Rights Against Upstream Parties in the Chain of Commerce

A district court in the Western District of Washington denied Adaptics Ltd.’s (“Adaptics”) motion for summary judgment of patent exhaustion, which was based on a theory that an authorized sale by a downstream reseller can...more

McDonnell Boehnen Hulbert & Berghoff LLP

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

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.

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

Ladas & Parry LLP

United States Supreme Court Decision In Impression Products Inc. V Lexmark International Inc.

Ladas & Parry LLP on

In 1628, Lord Coke in his “Institutes of the laws of England” summarized the common law on restraints on the alienation of chattels stating that any attempt by a seller to restrict resale or use of the chattel after selling...more

Jackson Walker

Supreme Court Holds Sale of Patented Product Exhausts All Patent Rights

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

Perkins Coie

First Impressions: New Strategies in the New Era of Patent Exhaustion After Impression Products v. Lexmark International

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

Stinson LLP

Supreme Court Expands Scope of Patent Exhaustion

Stinson LLP on

In Impression Products, Inc. v. Lexmark International, Inc., the U.S. Supreme Court recently held that a patent owner's initial sale of a product, in the U.S. or in a foreign country, exhausts all of the U.S. patent rights in...more

Hogan Lovells

U.S. - The Supreme Court grants purchasers free “use and enjoyment” of patented items… mostly

Hogan Lovells on

An authorized sale exhausts all patent rights in the item sold. In Impression Products Inc. v. Lexmark International, Inc. No. 15-1189, May 30, 2017, the Supreme Court found that patent exhaustion is “uniform and...more

Foley Hoag LLP

Supreme Court Limits Patent Owners’ Ability to Control Post-Sale Use of Patented Products

Foley Hoag LLP on

The Supreme Court last week issued its long-awaited decision regarding patent exhaustion in Impression Products, Inc. v. Lexmark International. The decision, which overturns longstanding Federal Circuit precedent, curtails...more

Burr & Forman

Supreme Court Clarifies Patent Exhaustion Doctrine and Limits Post-Sale Control

Burr & Forman 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

Foley & Lardner LLP

Supreme Court Finds Patent Rights Exhausted Overseas

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

Fenwick & West LLP

Supreme Court's Lexmark Decision Expands Scope of Patent Exhaustion Defense

Fenwick & West LLP on

For the fifth time this session, and following fast on the heels of its landmark decision in TC Heartland v. Kraft Foods earlier in May, the Supreme Court again reversed the Federal Circuit. The case, Impression Products,...more

Womble Bond Dickinson

First Sale Extinguishes Patent Rights: Supreme Court Guts Manufacturer Control Over Secondary Market

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

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

Foley & Lardner LLP

What the Supreme Court’s Latest Patent Decision Means for Automotive Suppliers

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

Foley & Lardner LLP

Supreme Court Holds First Authorized Domestic or International Sale Exhausts U.S. Patent Rights

Foley & Lardner LLP on

On May 30, 2017, the U.S. Supreme Court held in Impression Products, Inc. v. Lexmark International, Inc. that “patent exhaustion is uniform and automatic” and that patent exhaustion applies, both domestically (in an 8-0...more

Knobbe Martens

U.S. Supreme Court Significantly Restricts Patent Owners’ Ability to Control Resale of Patented Items

Knobbe Martens on

On Tuesday, May 30, 2017, the Supreme Court of the United States held in Impression Products, Inc. v. Lexmark International, Inc. that an authorized sale of a patented product exhausts all of the patentee’s rights in the...more

Mintz - Intellectual Property Viewpoints

Supreme Court Overrules and Rewrites 25 Years of Federal Circuit Law on Patent Exhaustion

In keeping with recent erosion of patent rights, patent owners’ power to control the post-sale use and sale of their patented products was severely limited this week by the U.S. Supreme Court in the highly anticipated case...more

Kramer Levin Naftalis & Frankel LLP

Scotus Expands the Doctrine of Patent Exhaustion to Sales Outside the US and Confirms That the Doctrine Cannot Be Limited Through...

This week, in a highly anticipated decision with potentially far-reaching implications for many industries, the Supreme Court clarified the common law doctrine of patent exhaustion, holding that (1) the doctrine, which has...more

Schwabe, Williamson & Wyatt PC

Supreme Court Rules That Restricted Sales of Patented Cartridges Exhaust Patent Rights

Impression Products, Inc. v. Lexmark International, Inc., Supreme Court Case 15-1189 (May 30, 2017) - The Supreme Court reverses an en banc Federal Circuit decision and rules that a “conditional sale” that ?transfers...more

Snell & Wilmer

Supreme Court Decision Limits Post-Sale Restrictions by Patent Owners

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The United States Supreme Court today held in Impression Products, Inc. v. Lexmark International, Inc. that the doctrine of patent exhaustion limits post-sale restrictions by patent owners and that patent rights are exhausted...more

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

The Supreme Court Redefines Patent Exhaustion

In Impression Products, Inc. v. Lexmark International, Inc., No. 15-1189 (U.S. May 30, 2017), the Supreme Court fundamentally changed patent licensing in the United States by eliminating a key limitation on patent exhaustion,...more

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