IP Update

U.S. Patent Exhaustion: Yesterday, Today and Maybe Tomorrow

May 13, 2008

John Paul and  Bart Gerstenblith consider the current state of the doctrine of patent exhaustion.

Generally the doctrine of patent exhaustion cuts off a patent owner's rights to enjoin, control, or extract royalties from a patented product after an authorized, unconditional sale of that product. The article reviews when the exhaustion doctrine applies, when use conditions and other licensing arrangements are enforceable, the similarities and differences between exhaustion and implied license, and the interplay between patent, contract, and antitrust law as it relates to exhaustion. Finally, the article considers the potential impact of the Supreme Court's upcoming decision in Quanta Computer, Inc. v LG Electronics, Inc..

Read "U.S. Patent Exhaustion: Yesterday, Today and Maybe Tomorrow"

Copyright © Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. This article is for informational purposes, is not intended to constitute legal advice, and may be considered advertising under applicable state laws. This article is only the opinion of the authors and is not attributable to Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, or the firm's clients.