Patent Exhaustion

Production Date: December 13, 2016 Practice Areas: Intellectual Property Law and Patent Law Estimated Length: 3629 minutes


$ 59 Intellectual Property Law and Patent Law In Stock

The exhaustion presentation outlines the two primary issues in Lexmark v. Impression, namely: 1) can a U.S. patent be exhausted through a sale of a product outside the U.S.; and 2) can a U.S. patent be exhausted through a restricted sale of a product within the U.S. Here, attorney Steven Rubin discusses the Lexmark procedural history, provides a thorough analysis of exhaustion, and reviews the basic exhaustion concept utilizing cases dating back to the 1800s (and even some English writers from the 1600s). He then provides an overview of the landmark cases that discuss each of the two primary issues and transcends into copyright law, because of a recent Supreme Court case holding that a sale of a book outside the United States exhausted the copyright rights to that book in the United States. Finally, he reviews the arguments in each of the parties briefs before the en banc Federal Circuit and provides summary of the decision and recommendations on how to move forward.

Learning Objectives:

  1. Discuss the primary issues in Lexmark v. Impression
  2. Understand the concept of exhaustion
  3. Identify best practices and recommendations on how to move forward post-Lexmark

Puyallup, WA

The presentation was comprehensive and concise. It covered an array of issues and was clear about all of them.

Stephen E.
Crestwood, KY

Good, crisp, brutal explanations.

James B.
Huntington, NY

Greatt research and presentation of case law.

Gregory S.
Elmhurst, IL

I enjoyed the speaker's dry humor

Philippe F.
Flower Mound, TX

Interesting stuff.

Andrew D.
Beverly Hills, CA

Great course

Craig B.
Lambertville, NJ

Good class, Mr. Hochman was hysterical with his jokes and anecdotes....he should play the Borscht Belt in the Catskills

Michael V.
Clifton forge, VA

good overview

Springfield, VA

Really outstanding -- fascinating area that attorneys should have some sense of how it works. Great case dissection.

Robert B.
Alexandria, VA

Great presentation! Really enjoyed it!

James T.
Troy, MI

Very good

Zachary K.
Richardson, TX

Presenter had good sense of humor.