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Expert Analysis

Patent Exhaustion Ruling Will Affect Many Industries

By Mark Baghdassarian and Friedrich Laub (June 26, 2017, 1:30 PM EDT) -- In a highly anticipated decision, the U.S. Supreme Court, in Impression Products Inc. v. Lexmark International Inc., expanded the common law doctrine of patent exhaustion, holding that (1) the doctrine, which has previously been held to apply only to sales made in the United States, now also applies to sales made abroad; and (2) the domestic sale of a patented article exhausts all of the patentee's U.S. patent rights, regardless of any post-sale restrictions the patentee might have imposed on the sold article.[1]...

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