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Supreme Court of the United States › First Sale Doctrine › Patents

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
McDonnell Boehnen Hulbert & Berghoff LLP

Patent Exhaustion: Supreme Court Expands Patent-Limiting Doctrine

McDonnell Boehnen Hulbert & Berghoff LLP on

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

Shook, Hardy & Bacon L.L.P.

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

Shook, Hardy & Bacon L.L.P. on

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

Knobbe Martens

Federal Circuit Review - June 2017

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

Fish & Richardson

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

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

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

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

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

Saul Ewing LLP

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

Saul Ewing LLP on

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

Alston & Bird

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

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

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

Snell & Wilmer

Supreme Court to Consider Patent Exhaustion for International Sales

Snell & Wilmer on

Last Friday, the U.S. Supreme Court granted certiorari in the patent exhaustion case, Impression Products, Inc. v. Lexmark International, Inc., Docket No. 15-1189.  The Supreme Court’s decision in this case could...more

McNees Wallace & Nurick LLC

Supreme Court Injects Uncertainty Into Attorney’s Fee Awards in Copyright Cases

McNees Wallace & Nurick LLC on

The day after it liberalized the standard for awarding enhanced damages in patent cases, a unanimous Supreme Court, in an opinion authored by Justice Kagan, substantially broadened lower courts’ discretion in granting...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Business Cases in the US Supreme Court"

Skadden, Arps, Slate, Meagher & Flom LLP on

The U.S. Supreme Court recently closed its 2012 term with its usual headline-grabbing flurry of June decisions. Several of those decisions, as well as many more that received less publicity, will affect business interests. In...more

King & Spalding

Intellectual Property Newsletter - March 2013

King & Spalding on

*News from the Bench: - First Sale Doctrine Applies To Copyrighted Works Lawfully Made Abroad. - Dissenting Federal Circuit Judges Abide By The Akamai Standard. - More On Joint Infringement and The Akamai...more

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

In Oral Arguments during Bowman v. Monsanto the Supreme Court Struggles with Exhaustion Doctrine for Patented Seeds

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

On February 19, 2013, the United States Supreme Court heard oral arguments in Vernon Hugh Bowman v. Monsanto Company. This case has far-reaching implications for the patent exhaustion or first sale doctrine in...more

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