LifeScan May Be Why Patent Exhaustion Had No Pulse In Nero
Law360, New York ( September 29, 2015, 4:08 PM EDT) -- The U.S. Supreme Court decision in Quanta opened the door for exhausting method claims upon the authorized sale of components that substantially embodied them.[1] The Federal Circuit grappled with Quanta's implications in LifeScan,[2] and determined in Helferich[3] how the licensed sale of a product that embodies some method claims does not necessarily exhaust other method claims that cover complementary products or services. On the heels of Helferich, the Federal Circuit decided in JVC Kenwood Corp. v. Nero Inc. (hereinafter, "Nero II")[4] whether a software provider is liable for contributory or induced infringement of standard-essential patents. Nero II turned on the related question: Are purchasers of licensed, standard-compliant DVD and Blu-ray discs liable as direct infringers if they use the authorized discs in combination with unsanctioned software (assuming such combined use necessarily practices the standard-essential patents)?...
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