This course is no longer available for credit on our site. Explore our online catalog to view more courses
Webcast

Patent Exhaustion

Aired on

Overview

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


Access Live Webcast:

Most Lawline members have unlimited access to all 350+ annual live webcasts and 1,500 hours of on-demand courses. Login here using your member ID and password. Not a member? Join here. If you are only interested in purchasing this course, click add course to cart in upper right corner. Call or email with questions: 1-877-518-0660


Gain access to this course, plus unlimited access to 1,800+ courses, with an Unlimited Subscription.

Explore Lawline Subscriptions