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Expert Analysis

The Fed. Circ. Debate On Patent Exhaustion

Law360, New York (February 29, 2016, 11:14 AM EST) -- What is patent exhaustion? The answer to that simple question, it turns out, is complicated. The recent Lexmark en banc decision from the Federal Circuit features an in-depth debate on the nature and scope of patent exhaustion, with compelling and thorough opinions on behalf of both the majority and the dissent.[1] The 10-2 majority held that a patentee's post-sale restrictions on resale and reuse of a patented article may be effective in preserving the patentee's downstream rights to sue for infringement, and reaffirmed that foreign authorized sales of U.S. patented articles do not exhaust U.S. patent rights....

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