Jenner & Block

Client Alert: US Supreme Court Defines Scope of Patent Exhaustion: Any Sale of a Product, Domestic or Abroad, Terminates a Patentee’s Rights in that Product

On May 30, 2017, a nearly unanimous US Supreme Court in Impression Products, Inc. v. Lexmark International, Inc. greatly limited a patentee’s ability to restrict the use or resale of a product after the first authorized sale of the product (where patentee refers to both a patent owner and its licensees).