Why Fujifilm Did Not End The Patent Exhaustion Debate
Patent exhaustion is a judicially created doctrine that extinguishes the patent monopoly irrespective of novelty, nonobviousness or subject matter. Under the doctrine, an authorized sale of an article that substantially embodies a patent extinguishes the patentee’s rights with respect to that article under patent law.
The essence of the current debate is territoriality. In...
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