The Unclear Scope Of 'All Patent Rights' In Patent Exhaustion

By Brian Coggio ( September 27, 2017, 11:39 AM EDT) -- Patent exhaustion "marks the point where patent rights yield to the common law principle against restraints on alienation."[1] Thus, once a patentee sells a product, that product '"is no longer within the limits of monopoly' and instead becomes the 'private, individual property' of the purchaser, with the rights and benefits that come along with ownership."[2] In Impression Products Inc. v. Lexmark International Inc., the U.S. Supreme Court held that "[t]he sale [of a product] 'terminates all patent rights to [the] item.'"[3] But does the term "all patent rights" include patents covering combinations of the product sold, formulations of the product, and/or methods of using it, i.e., does "all" truly mean "all"?...

Law360 is on it, so you are, too.

A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.


A Law360 subscription includes features such as

  • Daily newsletters
  • Expert analysis
  • Mobile app
  • Advanced search
  • Judge information
  • Real-time alerts
  • 450K+ searchable archived articles

And more!

Experience Law360 today with a free 7-day trial.

Start Free Trial

Already a subscriber? Click here to login

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!