That smooth flow of commerce would sputter if companies
that make the thousands of parts that go into a vehicle could keep their patent rights after the first sale.”
The appeals court had ruled in favor of Lexmark on foreign sales, saying
that patent holders could control what was done with their products after they were sold abroad and re-imported by buyers
Chief Justice John G. Roberts Jr., writing for a unanimous Supreme Court on this point, said Lexmark could
not use the patent laws to enforce the contractual conditions it placed on the sale of its cartridges.
Supreme Court Limits Patent Rights After Product Sales -
By ADAM LIPTAKMAY 30, 2017
WASHINGTON — The Supreme Court on Tuesday placed sharp limits on how much control
patent holders have over how their products are used after they are sold.
Lexmark sued for patent infringement, and the United States Court of Appeals for the Federal Circuit, a specialized court in
Washington, accepted both of its main arguments, one concerning domestic sales and the other concerning international ones.
But it said the conditions Lexmark placed on the sale of its cartridges could be enforced as a matter of patent law for sales in the United States.
