We report on an en banc decision from the U.S. Court of Appeals for the Federal Circuit clarifying the law of patent exhaustion, trademark cases involving Stolichnaya vodka and canvas tote bags, and copyright cases involving ranch-house floor plans and “monkey selfies.”
Patent Exhaustion: Resales
Some recent Supreme Court and Federal Circuit cases construing the Patent Act have looked to the copyright and trademark statutes as persuasive authority, relying on symmetries and differences among the three bodies of law. On Feb. 12, 2016, the en banc Federal Circuit reconsidered some of its long-settled patent precedents in light of recent Supreme Court precedents, including the copyright exhaustion decision in Kirtsaeng v. John Wiley & Sons, 133 S. Ct. 1351 (2013). Lexmark Int’l v. Impression Prods., No. 2014-1617, 2016 WL 559042 (Fed. Cir. Feb. 12, 2016) (en banc). While the court ultimately reaffirmed its prior patent precedents, the case is noteworthy because it addresses an important issue, and does so in an unusual and significant procedural posture.
This content has been archived.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
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
