Fed. Circ. Could Weaken Patent Rights In Exhaustion Case

Law360, New York (April 21, 2015, 9:35 PM EDT) -- Longtime Federal Circuit precedent allowing patent owners to control the use of their products after they are sold is in question since the full court has decided to review the issue of patent exhaustion, and attorneys say overturning those rules would create significant new hurdles to patent enforcement.

The Federal Circuit decided last week on its own motion to conduct an en banc review in Lexmark International Inc.'s infringement suit against a printer cartridge reseller to address whether two of the court's precedents on patent exhaustion remain good law in light of recent U.S. Supreme Court rulings.

The case involves two...

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