Why Fujifilm Did Not End The Patent Exhaustion Debate

Law360, New York (October 29, 2010, 2:09 PM EDT) -- With the Supreme Court of the United States poised to address international copyright exhaustion on Nov. 8 in Costco Wholesale Corp. v. Omega SA, the issue of international patent exhaustion remains unsettled.

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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