Category Archives: Supreme Court

Potential Implications of Supreme Court’s Patent Exhaustion Decision Leaves Uncertainty for Patent Owners

Author: Kevin D. Rodkey
Editor: D. Brian Kacedon

In Impression Products v. Lexmark International, No. 15-1189 (S. Ct. May 30, 2017), the Supreme Court reversed the Federal Circuit’s en banc decision that patent owners may enforce post-sale restrictions that are clearly communicated to purchasers of patented products and that international sales do not exhaust U.S. patent rights. In doing so, the Supreme Court held that any authorized sale by a patent owner exhausts all patent rights in the product sold, which prohibits a patent owner from enforcing post-sale restrictions through patent infringement suits. The Court also held that exhaustion applies to both domestic and foreign sales authorized by the patent owner. Continue reading

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SAS Institute Inc. v. Lee : For the Love of Administrative Efficiency

Author: Max Mauldin*
Editor: Jeff T. Watson

On the same day the Supreme Court issued its much-anticipated decision in TC Heartland v. Kraft, the Court also granted a petition for writ of certiorari in SAS Institute Inc. v. Lee. The question presented in that petition is whether the PTAB must issue a final written decision as to every claim challenged by the petitioner in an IPR petition or only some of the challenged claims.  Continue reading

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The Hague Service Convention Does Not Prohibit Service of Process by Mail

Author: Forrest A. Jones
Editor: Kevin D. Rodkey

The Supreme Court held in Water Splash, Inc. v. Menon, No. 16–254 (May 22, 2017), that the Hague Service Convention allows service of process by mail under Article 10(a), when two conditions are met: first, the receiving state has not objected to service by mail; and second, service by mail is authorized under the otherwise-applicable law. Continue reading

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