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Patent Exhaustion (Intellectual Property Law Series), by LandMark Publications
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THIS CASEBOOK contains a selection of 22 U. S. Court of Appeals decisions that analyze and interpret the doctrine of patent exhaustion. The selection of decisions spans from 2003 to the date of publication.
Patent exhaustion is an affirmative defense to a claim of patent infringement, ExcelStor Technology, Inc. v. Papst Licensing GMBH & Co. KG, 541 F.3d 1373, 1376 (Fed.Cir.2008), and like other issues in which there are no disputed factual questions, may be properly decided by summary judgment. See TransCore v. Elec. Transaction Consultants, 563 F.3d 1271, 1274 (Fed.Cir.2009). "The longstanding doctrine of patent exhaustion provides that the initial authorized sale of a patented item terminates all patent rights to that item." Quanta, 553 U.S. at 625, 128 S.Ct. 2109. The rationale underlying the doctrine rests upon the theory that an unconditional sale of a patented device exhausts the patentee's right to control the purchaser's use of that item thereafter because the patentee has bargained for and received full value for the goods. See Princo Corp. v. ITC, 616 F.3d 1318, 1328 (Fed.Cir.2010) (en banc). Keurig, Inc. v. Sturm Foods, Inc., 732 F. 3d 1370 (Fed. Cir. 2013).
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- Sales Rank: #1548155 in eBooks
- Published on: 2015-01-26
- Released on: 2015-01-26
- Format: Kindle eBook
Most helpful customer reviews
1 of 1 people found the following review helpful.
Ok compilation
By val321
Nice compilation of cases regarding patent exhaustion. The price is reasonable, but not great as there is only a small number of cases included. If you are patient, sometimes it shows up on the free list. Alternatively, the cases and oral arguments can be freely downloaded from the CAFC web site.
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