Last May, the U.S. Supreme Court issued a highly-anticipated decision in Impression Products, Inc. v. Lexmark Int’l, Inc., reversing the Federal Circuit and holding that, when a patent holder sells a product, it exhausts all of its patent rights in the product, regardless of certain restrictions that the patent holder sought to impose on further resale.
An authorized sale exhausts all patent rights in the item sold. In Impression Products Inc. v. Lexmark International, Inc. No. 15-1189, May 30, 2017, the Supreme Court found that patent exhaustion is “uniform and automatic” in connection with an authorized sale of a patented item (Slip Opn. at 13). Indeed, whether the authorized sale is
In this hoganlovells.com interview, Hogan Lovells partner Dr. Chris Mammen looks at the platforms that could emerge to dominate and drive the internet of things (IoT) space and the related patent and licensing issues that will emerge. “This is a very exciting and rapidly developing time where control over the IP is going to lead to
A letter to the customers of a handset conceiver and seller, warning them against possible infringement, may constitute an offer for a Fair Reasonable And Non-Discriminatory (“FRAND”) license and is not constitutive of unfair competition. Wiko v. SISVEL, Commercial Court of Marseille, France 20/09/2016 The case reported is the first French FRAND-case initiated after the Huawei/ZTE
A new paradigm will shake up the IP landscape, as cognitive activities once performed by humans will now increasingly be performed by machines. Artificial intelligence and machine learning (collectively AI) are hot topics in almost every industry, affecting everything from robotics, autonomous vehicles, and consumer devices to health and pharmaceutical technologies. AI is being used
As technology steers the automotive industry and Silicon Valley onto the same track, big players find themselves at a crossroads – are they on the cusp of the next IP battleground or at the forefront of a new kind of collaboration? Technology and automotive company reps at the “IP in the Auto Industry” conference in
So, the UPC is coming in 2017. Patent owners have considered which of their crown-jewel European patents to opt-out of the system during the transitional period to avoid its unitary effect (a single action may revoke the patent in all designated states that are participating in the UPC). What next? Sit back and wait for
The long-awaited unitary patent and Unified Patent Court should come into effect next year. Christian Stoll and Anna-Katharina Friese examine the most relevant new rules, which the parties to licence agreements and patent transfer agreements have to take into account. Continue Reading Original source: Intellectual Property Magazine, April 2016