U.S. Supreme Court,
Intellectual Property
Dec. 14, 2016
Important patent exhaustion issues at high court
The Supreme Court agreed to consider whether (1) a patent owner can use patent law to limit how a patented article is used or resold; and (2) whether an authorized sale that takes place outside the U.S. exhausts U.S. patent rights.
Ben M. Davidson
Founder
Davidson Law Group ALC
Intellectual Property
Phone: (310) 473-2300
Email: Ben@dlgla.com
George Washington Univ Law School
Ben is a former patent examiner and represents corporations in intellectual property litigation and proceedings before the U. S. Patent & Trademark Office.
On Dec. 2, in Impression Products, Inc. v. Lexmark International, Inc., 15-1189, the U.S. Supreme Court agreed to consider two important questions involving the "patent exhaustion doctrine." Also known as the "first-sale doctrine," the patent exhaustion doctrine holds that the first authorized sale of a patented item terminates all patent rights to that item. The Supreme Court agreed to consider whether (1) a patent owner can use patent law to limit how a patented article is used ...
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