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US Supreme Court overturns Federal Circuit patent exhaustion stance in Impression v Lexmark

Natalie Rahhal, New York

The US Supreme Court has ruled that patents rights in a product are exhausted after sale in the US or internationally, in a decision that included some strongly-worded pushback of the Federal Circuit. Pharmaceutical companies could be particularly affected because of their downstream licensing models

US SupremeCourt 2 Credit Joao FernandesThe Supreme Court has ruled for Impression Products on both issues in its case against Lexmark. The Impression Products v Lexmark decision provides greater protection for downstream customers and expands patent exhaustion.

The Supreme Court on May 30 ruled that...

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