Searching Content indexed under Patent by James DeGraw ordered by Published Date Descending.
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Supreme Court Holds That Patent Exhaustion Applies to All Sales, Domestic and International, Regardless of Post-Sale Restrictions
On May 30, 2017, in Impression Products, Inc. v. Lexmark International, Inc., the Supreme Court ruled that "a patentee's decision to sell a product exhausts all of its patent rights in that item, regardless of any restrictions the patentee purports to impose or the location of the sale."
United States
2 Jun 2017
Federal Circuit Reaffirms Its Longstanding Patent Exhaustion Rules
On Friday, February 12, 2016, the Federal Circuit issued a 10-2 en banc decision in Lexmark International, Inc. v. Impression Products, Inc., declining to reverse its precedential rulings on two principles of patent exhaustion.
United States
29 Feb 2016
U.S. Supreme Court Preserves 50-Year-Old Rule Barring Post-Patent Royalties
On Monday, June 22, 2015, the U.S. Supreme Court issued a 6-3 decision in Kimble v. Marvel Entertainment, declining to reverse longstanding, yet controversial, precedent holding post-patent term royalties to be unlawful per se.
United States
24 Jun 2015
U.S. Supreme Court To Review Whether Post-Patent Term Royalty Schemes Lawful
The U.S. Supreme Court granted certiorari on Kimble v. Marvel Enterprises, Inc., No. 13-720, opening the possibility that the Supreme Court will overturn Brulotte v. Thys Co.
United States
17 Dec 2014
Ninth Circuit Holds Hybrid IP Agreement With Flat Royalty Rate Unenforceable Post Patent Expiration
The Ninth Circuit U.S. Court of Appeals recently reluctantly refused to enforce a hybrid intellectual property agreement – that is, an agreement involving a bundle of patent, trade secret, and other intellectual property rights – with a single royalty rate beyond the expiration date of the patent included in that bundle of rights.
United States
24 Jul 2013
Second Circuit Holds Patent No-Challenge Clause Unenforceable
On July 10, 2012, the United States Court of Appeals for the Second Circuit held that a broad patent no-challenge clause in a Covenant Not to Sue agreement resolving a pre-litigation enforcement licensing effort was unenforceable on public policy grounds.
United States
17 Jul 2012
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