Recent Evolutions In The Doctrine Of Patent Exhaustion

Law360, New York (January 8, 2014, 1:08 PM EST) -- The Federal Circuit recently revisited the doctrine of patent exhaustion in two separate decisions: Keurig Inc. v. Sturm Foods Inc. and Lifescan et al. v. Shasta et al. The decisions have significant implications for companies who sell devices to consumers and who seek to use method claims to prevent competitors from selling products for use with those devices.

The doctrine of patent exhaustion “provides that the initial authorized sale of a patented item terminates all patent rights to that item.”[1] The doctrine may apply to either...
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