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Lexmark International, Inc. v. Impression Products, Inc.

  1. February 12, 2016

    Fed. Circ.'s Lexmark Ruling Boosts Power Of Patent Owners

    The Federal Circuit's decision on Friday to retain limits on patent exhaustion is a win for patent owners like Lexmark, allowing them to exert control over products after they're sold, but the thorny issue is likely on its way to the U.S. Supreme Court, attorneys say.

  2. February 12, 2016

    Foreign Sales Don't Exhaust Patent Rights, Fed. Circ. Rules

    The Federal Circuit decided en banc Friday to retain its long-standing rule that overseas sales of a product don't exhaust a patent owner's right to sue in the U.S., concluding that a 2013 U.S. Supreme Court decision that foreign sales exhaust copyrights has no impact on patent law.

  3. September 30, 2015

    En Banc Exhaustion Case May Make Enforcing Patents Harder

    The full Federal Circuit will hear arguments Friday to review a rule that overseas sales of a product don't exhaust a patent owner's right to sue in the U.S., and attorneys say that if the court decides to overrule its precedent, companies will have to revamp contracts and face new hurdles enforcing patents.

  4. August 28, 2015

    Foreign Sales Nix Patent Rights, Fed. Circ. Told

    U.S. patent rights can be exhausted when an owner or its privy execute an authorized sale of a patented item while abroad, a printer cartridge refurbisher facing infringement claims told the full Federal Circuit on Thursday.

  5. August 13, 2015

    Lexmark Tells Fed. Circ. Patent Rights Survive Sales Abroad

    Lexmark International Inc. told the full Federal Circuit on Wednesday that overseas sales of its patented products did not exhaust its domestic patent rights, despite a 2013 U.S. Supreme Court ruling that the rights of copyrighted material could be exhausted by foreign sales.

  6. July 16, 2015

    Patent Cases To Watch In The 2nd Half Of 2015

    Two en banc Federal Circuit cases — one to address whether laches is a viable defense in patent cases and another reconsidering precedent that sales outside the U.S. do not exhaust patent rights — top the list of patent cases that attorneys say they'll be watching for in the second half of the year.

  7. June 30, 2015

    Foreign Sales Don't Exhaust Patents, US Tells Fed. Circ.

    At the full Federal Circuit's invitation, the U.S. government told the court Monday that a 2013 Supreme Court ruling that sales outside the U.S. exhaust copyrights does not apply to patents and that foreign sales of a patented article do not exhaust patent rights.

  8. June 15, 2015

    Foreign Sales Exhaust Patent Rights, Full Fed. Circ. Told

    Impression Products Inc. argued to the Federal Circuit in its en banc opening brief Friday that a 2013 Supreme Court ruling that sales outside the U.S. exhaust copyrights applies equally to patents and that Federal Circuit precedent that only U.S. sales exhaust patents must be overruled.

  9. April 21, 2015

    Fed. Circ. Could Weaken Patent Rights In Exhaustion Case

    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.

  10. October 22, 2014

    Quanta Doesn't Nix Restricted Sales, Lexmark Tells Fed. Circ.

    Lexmark International Inc. on Tuesday urged the Federal Circuit to overturn a decision that the company's inkjet cartridge return program is invalid under patent law, arguing that a U.S. Supreme Court ruling the lower court relied on did not overrule the appeals court's previous finding on restricted sales.