Reversing long-standing Federal Circuit precedent, the United States Supreme Court has now held that a patentee extinguishes its patent rights on a product upon its sale of that product, regardless of (1) whether the patentee placed a restriction on the sale (prohibiting reuse or resale), or (2) whether the sale occurred within the United States. IN DEPTH Overview On May 30, 2017, the United States Supreme Court took a hard line on patent exhaustion in Impression Products v. Lexmark International. Reversing long-standing Federal Circuit precedent, the Supreme Court has now held that a patentee extinguishes its patent rights on a product upon its sale of that product, regardless of (1) whether the patentee placed a restriction on the sale (prohibiting reuse or resale), or (2)
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The US Supreme Court holds that patentees extinguishes patents rights on a product once it makes a sale of it (Impression Products / Lexmark International)
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