The United States Supreme Court recently decided that a patent owner’s authorized sale of a patented item exhausts all patent rights to that item in Impression Products v. Lexmark International. Although this forecloses patent infringement suits to control downstream use of products through post-sales restrictions, the Court expressly left open the possibility of retaining control through licensing and contract law. The Court, however, did not provide much guidance as to how patent owners can use licensing or contract law to control use of their products. Patent owners must now consider how to navigate the various possibilities in the post-Impression Products era.
Please join our panelists as they discuss the potential impacts of Impression Products for patent owners and strategies for dealing with the aftermath of the decision, including:
- When contractual provisions will be treated as a sale or a license
- Whether certain types of licenses are enforceable under contract law
- Strategies for controlling downstream use of products
Moderator:
Stephen E. Kabakoff
Speakers:
D. Brian Kacedon
Kevin D. Rodkey
Date:
Wednesday, August 2, 2017
Time:
10:00 - 11:00 a.m. PDT
1:00 - 2:00 p.m. EDT
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