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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
2
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
3
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
4
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
5
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
6
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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