Lexmark v. Impression: The Facts of the Case

In Lexmark v. Impression, the Federal Circuit is holding an en banc hearing to consider the impact of both Kirtsaeng and Quanta on issues of patent exhaustion.  I wanted to provide the following some discussion of the facts at issue in the case. The following synopsis comes from the patentee Lexmark’s opening brief on the merits: = […]
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Inspector General: USPTO Needs to Strengthen Patent Quality Assurance Practices

by Dennis Crouch In a report sharply critical of the US Patent Office, the Department of Commerce Inspector General’s Office has concluded that patent quality is not up-to-snuff.  Read the report titled “USPTO Needs to Strengthen Patent Quality Assurance Practices.” The report makes four basic conclusions: USPTO policies are “ineffective” at measuring whether examiners are issuing […]
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Protected: Special Pricing on Copyright Courses April 15 – 30, 2015

There is no excerpt because this is a protected post.
Read the full story here: copyrightlaws.com

Federal Circuit takes on En Banc Patent Exhaustion Case to Examine Impact of Kirtsaeng and Quanta

Lexmark Int’l. v.  Impression Prod. (Fed. Cir. 2015) (en banc) Acting sua sponte, the Federal Circuit has ordered en banc briefing on the issue of international patent exhaustion. As I have previously written, current Federal Circuit precedent on international exhaustion is in direct tension with the Supreme Court’s teaching – albeit in the copyright context.  Compare Kirtsaeng […]
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Controversy

In Apotex v. Daiichi Sankyo v. Mylan (CAFC 2014-1281, -1292), the
CAFC grabs the litigation cudgel that a district court refused to pick up
because it did not perceive a controversy meriting litigation. The CAFC
reversed, as the parties involved had financial stakes in who first gets to make
a generic version of a drug going off patent. The case illustrates the byzantine
inanity that characterizes the U.S. drug patent system.

Read the full story here: Patent Prospector

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