Account

Sign in to access your account and subscription

Boundaries of Patent Exhaustion Defense Explored, Decided (For Now) In <i>En Banc Lexmark</i> Decision

Despite over 150 years of Supreme Court precedent, even the most basic precepts of patent exhaustion doctrine remain unsettled. In <i>Lexmark,</i> the United States Court of Appeals for the Federal Circuit grappled with the very foundations of the so-called "first sale" defense.

9 minute read April 01, 2016 at 12:00 AM
By
David Tellekson, Phil Decker and Stefan Szpajda
Boundaries of Patent Exhaustion Defense Explored, Decided (For Now) In <i>En Banc Lexmark</i> Decision

Despite over 150 years of Supreme Court precedent, even the most basic precepts of patent exhaustion doctrine remain unsettled. In Lexmark Int'l, Inc. v. Impression Prods., Inc., No. 2014-1617 (Fed.

This premium content is locked for The Intellectual Property Strategist subscribers only

ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN The Intellectual Property Strategist

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

Already have an account? Sign In Now

For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.

NOT FOR REPRINT

© 2026 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Continue Reading

The combination of increasing operating costs and uncertain government reimbursement funding continues to place health care providers under financial pressure, and in many cases, financial distress. Given the importance of Medicare/Medicaid funding of claims under provider agreements with the federal government, how courts interpret and apply the interplay between the Bankruptcy Code and Medicare Program Act determines the disposition of hundreds of millions of dollars of claims for reimbursement that support the health care system.

April 30, 2026

As AI becomes embedded in everyday business and legal operations, organizations are confronting a new expectation: simply disclosing AI use is no longer enough. A critical shift is taking place in the legal industry: transparency is no longer just about disclosure; it’s about comprehension.

April 30, 2026