U.S. Solicitor General Supports the aftermarket Position in Supreme Court Case
02.11.2016 Patents and Intellectual PropertyOn October 12, the U.S. Solicitor General submitted its friend-of-the-court brief in the case of Lexmark International v. Impression Products, and it urges the Court to consider both issues in the case. First, there should be no “conditional sales” exception to patent exhaustion arising from a post-sale use restriction. Secondly, a foreign first sale presumptively...