Perspective
Mar. 10, 2015
Federal Circuit backpedals a bit on patent exhaustion
A recent decision may represent an implicit backpedaling without sufficient justification. By Theodore G. Brown III
In Quanta Computer Inc. v. LG Electronics Inc., 553 U.S. 617, 634 (2008), the U.S. Supreme Court noted, "[t]he sale of a device that practices patent A does not, by virtue of practicing patent A, exhaust patent B. But if the device practices patent A while substantially embodying patent B, its relationship to patent A does not prevent exhaustion of patent B." The U.S. Court of Appeals for the Federal Circuit's ...
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