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Impression v Lexmark arguments analysis: When are patent rights exhausted?

Natalie Rahhal, New York

The Supreme Court oral arguments in Impression Products v Lexmark International addressed whether a sale of a patented article outside the US exhausts the US patent rights in that article. Observers believe the court’s Kirtsaeng ruling and the recent SCA Hygiene ruling could influence the outcome

US Supreme Court 1 Credit Joao Fernandes
Credit: Joao Fernandes
The Supreme Court heard oral arguments in Impression Products v Lexmark International on March 21. The questions before the Court are:

“(1) Whether a ‘conditional sale’ that transfers title to the patented item while specifying post-sale restrictions on...

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