Chris Henry

Chris is an associate litigator who specializes in the areas of patent, trademark, and copyright litigation.

Recent Posts

Federal Circuit Reaffirms that Foreign Sales and Certain Restricted U.S. Sales Do Not Trigger Patent Exhaustion

Posted by Chris Henry on May 17, 2016

Chris Henry

In Lexmark Int’l v. Impression Prods., the Federal Circuit addressed whether recent Supreme Court jurisprudence overruled two prior Federal Circuit decisions holding that:

  1. a sale subject to a clearly communicated single-use/no-resale restriction does not trigger the doctrine of patent exhaustion, and
  2. foreign sales do not trigger exhaustion.

On both fronts, the Federal Circuit ruled that recent Supreme Court opinions did not affect its earlier holdings.

What This Means to You

  • Unless and until the Supreme Court speaks on these issues, remember:
    • Clearly communicated, otherwise lawful single-use and no-resale restrictions can circumvent the doctrine of patent exhaustion; and
    • Foreign sales do not exhaust U.S. patent rights.
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Wolf Greenfield's CAFC Blog

Here, Wolf Greenfield attorneys summarize and identify key takeaways from recent patent law cases decided by the U.S. Court of Appeals for the Federal Circuit. View past case summaries here.

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This blog is intended to promote thought and debate on developing areas of the law. The opinions, commentary and characterizations of cases provided on this blog are not legal advice and do not represent the opinions of Wolf Greenfield or its clients.