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IP ARTICLE: "Do Patent Rights Inevitably Exhaust in Distribution Commerce?"

  • 01 Dec 2018

ARTICLE OF INTEREST:

"Do Patent Rights Inevitably Exhaust in Distribution Commerce?"

By
Jack Russo and Umeet Sajjan
ComputerLaw Group LLP

Patent holders enjoy the right to exclude competitors from making, using, offering for sale, or selling patented inventions in the U.S., as well as importing the patented inventions into the U.S. However, can patentees maintain patents rights on patented products upon commercial product distribution, or are patent rights exhausted at that point? Addressing this question, in Impression Products, Inc v. Lexmark International, Inc., the U.S. Supreme Court held that a patentee’s exclusionary rights are exhausted upon authorized sale of a patented product in commercial product distribution regardless of efforts to contractually impose sale restrictions...

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