Impression v Lexmark arguments analysis: When are patent rights exhausted?
28 March 2017
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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
Credit: Joao FernandesThe 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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