Supreme Court Expands Patent Exhaustion Doctrine To U.S. Sales Subject To Post-Sale Restrictions And To Foreign Sales

Fitzpatrick Case Update
May 30, 2017

On May 30, 2017, the United States Supreme Court in Impression Prods. Inc. v. Lexmark Int’l, Inc. expanded the patent exhaustion doctrine to hold that U.S. sales subject to post-sale restrictions, as well as foreign sales, may exhaust a U.S. patentee’s right to sue purchasers for patent infringement.  The Supreme Court’s Impression decision overturns decades of Federal Circuit precedent under which those types of sales were deemed not to exhaust U.S. patent rights. 

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