Federal Circuit Misapplies Repair Doctrine to Method Patents
August 31, 2006, 12:00 AM EDT
Law360, New York (August 31, 2006, 12:00 AM EDT) -- In Jazz Photo Corp. v. U.S.I.T.C., 264 F.3d 1094 (Fed. Cir 2001), the Federal Circuit applied the repair doctrine to a method patent, finding that purchasers of used disposable cameras had the right to refurbish them using a patented method because the patentee had originally sold the cameras after manufacturing them using that method.
Such application of the repair doctrine to method patents is inconsistent with both the rationale for the repair doctrine and Federal Circuit precedents holding that sale of a product does not exhaust...