En Banc Federal Circuit Upholds Own Patent Exhaustion Jurisprudence
(February 12, 2016, 1:34 PM EST) -- WASHINGTON, D.C. — Patentees who clearly communicate to a buyer — at the point of purchase — restrictions on the resale and reuse of patented articles do not exhaust their right to later assert infringement by the initial buyers or their downstream purchasers, a divided en banc Federal Circuit U.S. Court of Appeals ruled Feb. 12 (Lexmark International Inc. v. Impression Products Inc., et al., Nos. 14-1617, -1619, Fed. Cir.).
(Decision available. Document #16-160222-019Z.)
In a sweeping, 129-page ruling, a Federal Circuit majority of Circuit Judges...