Tuesday, May 30, 2017

Supreme Court: Patentee’s decision to sell a product exhausts all of its patent rights regardless of location or restrictions

Supreme Court: "This case presents two questions about the scope of the patent exhaustion doctrine: First, whether a patentee that sells an item under an express restriction on the purchaser’s right to reuse or resell the product may enforce that restriction through an infringement lawsuit. And second, whether a patentee exhausts its patent rights by selling its product outside the United States, where American patent laws do not apply. We conclude that 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 impose or the location of the sale."

https://www.supremecourt.gov/opinions/16pdf/15-1189_ebfj.pdf

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