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SCOTUS to rule on international exhaustion in Lexmark case

Natalie Rahhal, New York

The Supreme Court agreed on December 9 to grant certiorari in Impression Products v Lexmark. Patent owners and practitioners hope that the Supreme Court’s ruling will provide clarity about the relationship between patent exhaustion and international sales

Impression Products is a small, West Virginia-based company that purchased and refurbished printer cartridges made by Lexmark. Impression replaced the chips in the cartridges with its own, refilled them with ink, and resold the cartridges at a lower rate. The...

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