Partner Joseph Kuo authors Supreme Court patent exhaustion decision article
Partner Joseph Kuo, who is a member of Arnstein & Lehr's Intellectual Property Practice Group, recently authored "The Supreme Court’s Patent Exhaustion Decision In Impression," which is a review of the Products, Inc. v. Lexmark International, Inc. case. In particular, Mr. Kuo focuses his article on what the decision might mean for consumers.
In his article's opening summary of the decision, Mr. Kuo states:
On May 30, 2017, the Supreme Court issued its opinion in the case Impression Products, Inc. v. Lexmark International, Inc. In a nearly unanimous opinion authored by Chief Justice Roberts, the Court reversed the Federal Circuit interpretation of the patent exhaustion principle of patent law and how post-sale restrictions may be enforced. Patent exhaustion is the concept that when a patented product is lawfully acquired, e.g., purchased from an authorized seller, the patent owner’s rights under the patent laws for that product are “exhausted,” and the buyer has the right to resell the product without further obligations to the patent owner.
His article continues with further detail of the decision, as well as Mr. Kuo's insightful commentary about its possible lasting consumer effects. To read the article in full, please click here.