Patent Exhaustion

August 2017
Hovenkamp, Herbert

Reasonable Patent Exhaustion

A lengthy tug of war between the Supreme Court and the Federal Circuit Court of Appeals may have ended when the Supreme Court held that the sale of a patented article exhausts the patentee seller’s rights to enforce restrictions on that article through patent infringement suits. Further,...Read More

Peavey, Tabetha

Bowman v. Monsanto: Bowman, The Producer and the End User

Exhaustion of patent rights is an affirmative defense to infringement claims concerning the use or resale of a patented good. The U.S. Supreme Court confronted the scope of patent exhaustion in the context of self-replicating GM seeds for the first time in Bowman v. Monsanto Co.Read More