The Supreme Court Says Conditional & Foreign Sales Cannot Avoid IP Exhaustion — What Should IP Owners Do?: An Analysis of the Supreme Court’s IP-Exhaustion Jurisprudence
On May 30, 2017, the United States Supreme Court handed down its long-awaited decision Impression Products, Inc. v. Lexmark International, Inc. And, in holding all patents exhausted at first purchase, irrespective of the location of purchase, the Court profoundly implicated intellectual property owners, manufactures, sellers, retailers, resellers, and consumers across the globe. This Article tracks the history of the Supreme Court’s IP exhaustion jurisprudence, discusses the Supreme Court’s Lexmark decision at length, and recommends ways in which IP owners may, in light of the decision, better protect their intellectual property rights.
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