Singularity Blog

Patent Exhaustion Redux: A Sale Is a Sale Is a Sale–And Once Sold, It’s Gone. The Supreme Court Reaffirms the Scope of Patent Exhaustion

On May 30, 2017, in Impression Products, Inc. v. Lexmark International, Inc.,[1] the U.S. Supreme Court held that patent exhaustion applies to sales made anywhere in the world, thereby extinguishing the patent owner’s rights under patent law once the patent owner sells a patented product.  For the second time in little more than a week,…

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IPRs: Federal Circuit Affirms Nonappealability of PTAB Institution Decision

The Patent Trial and Appeal Board (PTAB) decides petitions to institute post-grant proceedings, including inter partes reviews (IPRs).  PTAB institution decisions, as contrasted with the merits of any final written decision, are nonappealable.[1]  Despite the statutory language barring appealability, from time to time litigants have attempted to appeal institution decisions to the Court of Appeals…

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