Perspective
Sep. 15, 2015
Federal Circuit to consider limits of 'first sale' doctrine
At issue is the extent to which U.S. patent rights can be used to control downstream and international trade in the patentee's goods. By Darren Donnelly
The U.S. Court of Appeals for the Federal Circuit is poised to again consider one
of the most fundamental limits on United States patent rights: the exhaustion of rights,
or "first sale" doctrine. On Oct. 2, in Lexmark International Inc. v. Impression Products Inc., it will hear argument, en banc, on whether the U.S. Supreme Court implicitly overruled
two of its long-standing pr...
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