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The Supreme Court’s decision in Impression Products, Inc. v. Lexmark International, Inc., 581 U.S. __ (May 30, 2017), is the latest Supreme Court ruling to eviscerate years-long, patentee-friendly Federal Circuit precedent. Issuing less than one week after its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ____ (May 22, 2017) — in which the Supreme Court wiped out 27 years of Federal Circuit precedent by holding that a corporation “resides” for patent litigation venue purposes only in its state of incorporation â€” the Supreme Court’s Impression Products decision further reins in the ability of patent owners to enforce their patent rights by holding that patent exhaustion precludes a patentee from using patent law to enforce post-sale restrictions on products sold by a patentee. (Note: For more on TC Heartland, see, “Supreme Court Turns Back Clock on Venue in Patent Infringement Litigation.”)
By Nathan D. Renov
On March 27, 2018, in Oracle America, Inc. v. Google LLC, the Federal Circuit overturned a jury verdict in favor of Google from the U.S. District Court for the Northern District of California. In doing so, the court revived Oracle’s claim that Google’s use of Oracle’s open-source Java language code did not constitute “fair use.”
By Scott Graham
Despite Possibility of ‘Chaos,’ Presumption Against Extraterritorial Application May Give Way to Simple Proximate Cause Test, Justices Suggest
The U.S. Supreme Court seemed to be mulling a flexible test for foreign patent damages last month, with the categorical presumption against extraterritoriality taking a back seat.
By Shari Claire Lewis
A Recent Decision by the U.S. District Court for the Southern District of New York Involving Twitter May Have Significant Implications for Online Publications
The exponential growth of social media, and the inevitable conflicts that result, is leading to more and more litigation. In many instances, courts are being asked to apply laws crafted before the Internet era to these modern disputes.
By Mark Holah
Much has been written about what will happen to EU-wide IP rights after Brexit — and whether, and how, the protection given by those rights will be maintained in the UK. Finally, we have some clarity about what is going to happen.