Tag 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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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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TC Heartland: Supreme Court Makes Venue Shopping More Difficult for Patent Trolls

Author: Lily Lim
Editor: Lillian M. Robinson

In the highly anticipated case on patent-venue shopping, TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341 (S. Ct. May 22, 2017), the Supreme Court reversed and remanded the decision of the Federal Circuit, putting a stop to an interpretation of the venue statutes that had allowed patent trolls and plaintiffs to bring their cases in plaintiff-friendly venues as opposed to where the defendant resided.  Continue reading

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