Lexmark International Inc. v. Impression Products Inc.: Federal Circuit Confirms Its Rules On Patent Exhaustion

Fitzpatrick Case Update
February 12, 2016

On February 12, 2016, the Federal Circuit issued its en banc opinion in Lexmark International Inc. v. Impression Products Inc., addressing whether its long-standing rules on two key aspects of patent exhaustion remain sound in light of more recent decisions of the Supreme Court. The Federal Circuit reaffirmed its earlier decisions, confirming that a patentee’s U.S. patent rights are not exhausted by a foreign sale of a patented item and that clearly-communicated, otherwise lawful restrictions on resale and reuse do preserve the patent owner’s rights to charge buyers who engage in those acts with infringement.

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