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.
Identify best practices and recommendations on how to move forward post-Lexmark
The presentation was comprehensive and concise. It covered an array of issues and was clear about all of them.
Good, crisp, brutal explanations.
Greatt research and presentation of case law.
I enjoyed the speaker's dry humor
Good class, Mr. Hochman was hysterical with his jokes and anecdotes....he should play the Borscht Belt in the Catskills
Really outstanding -- fascinating area that attorneys should have some sense of how it works. Great case dissection.
Great presentation! Really enjoyed it!
Presenter had good sense of humor.