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Category: Patent exhaustion


U.S. Supreme Court Extends the Limitation of "Exhaustion" for Patent Rights
May 30, 2017
Post by Blog Staff
A United States patent entitles the patent holder to exclude others from making, using, offering for sale, or selling [its] invention throughout the United States or importing the invention into the United States. However, when a patentee sells one of its products, the patentee can no longer control that item through the patent laws— its patent rights are said to “exhaust.” Today, In Impressions Pr.......
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Exhausting Patent Rights Without a "Sale"
November 22, 2013
Post by Blog Staff
InLifeScan Scotland, LTD v. Shasta Technologies, LLC, the Federal Circuit clarified the ability of a patnet holder to enforce patent rights in a product it has given away, but not "sold." Defendant Shasta Technologies appealed from a decision of the United States District Court for the Northern District of California granting LifeScan Scotland a preliminary injunction. The injunction prohibits Shasta f.......
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Supreme Court Rejects Patent Exhaustion Defense for Patented Bean Replanting
May 13, 2013
Post by Blog Staff
The Supreme Court has handed down its much anticipated decision in Bowman v. Monsanto Co., holding that the defense of patent exhaustion does not apply to the practice of planting and harvesting patented seeds through planting and harvesting without the patent holder's permission. The case centers on the Roundup Ready gene, which confers resistance to glyphosate herbicides such as Roundup. Monsanto owns U.S. .......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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