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...
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