Case Tests Whether Patent Rights Survive First Sale
A patent attorney spoke with The National Law Journal about what's at stake in the Federal Circuit's impending en banc hearing in Lexmark International v. Impression Products, testing a patent owner's right to control a patented item after selling it.
April 16, 2015 at 11:14 AM
4 minute read
A panel of the U.S. Court of Appeals for the Federal Circuit recently asked the full court to decide a case testing a patent owner's right to control a patented item after selling it—in this case, a printer ink cartridge.
The panel heard oral argument on March 6, but never ruled. The full court issued the order for en banc review on Tuesday, and asked for additional briefing regarding the so-called patent-exhaustion doctrine, also called “first-sale doctrine.”
One question involves the 2013 U.S. Supreme Court's ruling in Kirtsaeng v. John Wiley & Sons, in which the justices held that a lawful buyer of copyrighted goods made outside the United States may resell those goods in this country. The Federal Circuit will examine whether, in light of Kirtsaeng, it should hold that foreign sales of a patented item exhausts U.S. patent rights.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrending Stories
- 1A&O Shearman Adopts 3-Level Lockstep Pay Model Amid Shift to All-Equity Partnership
- 2A RICO Surge Is Underway: Here's How the Allstate Push Might Play Out
- 3The Law Firm Disrupted: Playing the Talent Game to Win
- 4Data-Driven Legal Strategies
- 5Preparing Your Law Firm for 2025: Smart Ways to Embrace AI & Other Technologies
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250