Exhaustion — Patent And Copyright And The Supreme Court

Law360, New York (November 20, 2012, 5:51 PM EST) -- This term, the United States Supreme Court is considering two cases that ask the court to review the limits of the “first sale” doctrine relating to copyright and patent exclusiveness. Although the “rules” differ somewhat in the two related intellectual property arenas, at their core they state that the purchaser of a good or service covered by a copyright or patent may then use or dispose of that good or service in the discretion of the purchaser.

Kirtsaeng v. John Wiley & Sons (No. 11-697), which...
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