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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 PM
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.

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The Copyright Royalty Board (CRB), which works under the umbrella of the Librarian of Congress, sets statutory-license royalty terms and rates. The U.S. Courts of Appeals for the D.C. Circuit recently issued two notable decisions about the CRB.

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