Lexmark Part 2: Federal Circuit Reconsidering Contractual Restrictions on the Doctrine of Patent Exhaustion

Part 2 of our discussion of the Lexmark case focuses on the ability to contract around the doctrine of patent exhaustion. Current law prevents a patent holder from suing a customer for using a product that the patent holder sold to the customer.  However, a patent holder may generally limit the cu...
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Lexmark Part I: Federal Circuit to Reconsider Patent Exhaustion for International Sales

The Federal Circuit will soon decide whether the patent exhaustion doctrine, which limits the extent U.S. patent owners can control patented articles after they are sold, is applicable when the sale occurs outside the U.S.  Under current Federal Circuit precedent, the patent exhaustion doctrine is ...
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