US Supreme Court to Review Patent Exhaustion Doctrine

Overview


Stefan Meisner and James Camden wrote this bylined article on the US Supreme Court’s decision to review the Federal Circuit Lexmark patent exhaustion ruling, which held that the initial authorized sale of a patented item terminates all patent rights to the item. How the Supreme Court rules “will have significant implications for secondary markets for patented products and global commerce [and] will become the seminal decision on the application of the patent exhaustion doctrine under US law,” the authors wrote.