Posted on Patenlyo
, by Dennis Crouch
"On March 21, 2017, the Supreme Court heard oral arguments in the patent exhaustion case captioned Impression Prods., Inc. v. Lexmark Int’l., Inc.
, Docket No. 15-1189. [Transcript: 15-1189_6468
] The two questions presented focus on downstream reuse/resale of a patented product and challenge the Federal Circuit’s rulings that: (1) a US patent is not exhausted
when the patented product is sold subject to a no reuse/resale provision but instead can be asserted against downstream users/resellers who violate those original provisions; and (2) a US patent is presumptively not exhausted
by an authorized and otherwise unreserved foreign
sale of the patented product.