Comment on the US Supreme Court Decision 'Impression Products v. Lexmark International'

摘要

On May 30, 2017, the US Supreme Court rendered a seminal decision on the issue of exhaustion of patent rights. The decision addresses two main issues. First, whether a US patent allows the patentee to enforce post-sale restrictions through patent infringement proceedings. Second, whether the authorized first sale of a product covered by a US patent outside the United States exhausts the patentee's rights within the United States. The Court, in a decision authored by Chief Justice Roberts, unanimously held that post-sale patent restrictions are unenforceable. The Court, by a 7-1 majority, held that an authorized first sale anywhere in the world exhausts US patent rights, including the right to prevent importation.