Sunday, December 31, 2017

Supreme Court - Impression Products, Inc. v. Lexmark International, Inc. - Patent Exhaustion

In Impression Products, Inc. v. Lexmark International, Inc., the US Supreme Court held that a patent owner's authorized sale exhausts all patent rights.

As the Court stated when a patent owner chooses to sell an item, that product is no longer within the limits of the monopoly and instead becomes the private, individual property of the purchaser with the rights and benefits that come along with ownership. A patent owner is free to set the price and negotiate contracts with purchasers but may not by virtue of his patent control the use or disposition of the product after ownership passes to the purchaser. The sale terminates all patent rights to that item.

Copyright © 2017 Robert Moll. All rights reserved.

Supreme Court - SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC - Laches

In SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC, the US Supreme Court held that laches-- unreasonable delay plus prejudice-- cannot be raised as a defense against a claim for damages brought within the six-year limitations period of 35 USC 286, which provides "no recovery shall be had for any infringement committed more than six years prior to the filing of the complaint or counterclaim for infringement in the action."

Copyright © 2017 Robert Moll. All rights reserved.

Professor Janicke - Patent Venue: Half Christmas Pie, And Half Crow

Professor Janicke's Patent Venue: Half Christmas Pie, And Half Crow gives a nice summary of how patent venue works after the US Supreme Court's decision in TC Heartland LLC v. Kraft Foods Group Brands

Copyright © 2017 Robert Moll. All rights reserved.

USPTO - Public Tour San Jose CA - January 4, 2018

The USPTO announces:

"The Silicon Valley USPTO will host an informational public tour of its office located in the 3-story Wing building of the San Jose City Hall Complex. Participants will tour the office and learn about the U.S. Patent and Trademark Office from USPTO representatives. The event is free and open to the public Please RSVP here by January 4, 2018

Please note that the Silicon Valley USPTO is a federal facility.  Visitors are required to show a valid form of government-issued identification (driver license or passport) and may be subject to security screening to gain access.

For accessibility requests, please email siliconvalley@uspto.gov or call (408) 918-9900."

Copyright © 2017 Robert Moll. All rights reserved.

IP Watchdog: What Mattered in 2017: Industry Insiders Reflect Biggest Moments in IP

IP Watchdog: What Mattered in 2017: Industry Insiders Reflect Biggest Moments in IP does a nice job of using industry experts to highlight the key events in patent law in 2017.

Copyright © 2017 Robert Moll. All rights reserved.