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DECISION YOU'LL MAKE THIS YEAR
Int’l ITC, a member of the Owners Rights Initiative, encourages you to share your concern about the first sale doctrine with your elected officials and customers:
October 2nd Appellate Hearing on Prebate & International Sales: Some Judges ready for change, some not
By Tricia Judge
The Federal Circuit Court of Appeals heard an en banc appeal from both sides of Lexmark’s patent infringement suit against Impression Products, a remanufacturer, on October 2 in Washington D.C. I was present, along with attorneys Seth Greenstein and Skip London, who supported the amicus brief filed by the Int’l ITC in favor of Impression Products.
The court is considering overturning the existing precedents in Jazz Photo, regarding the international first sale doctrine, and Mallinckrodt, which allows for post-sale restrictions on patented items. Such an action heralded the need for all twelve judges to listen to the oral arguments. And some appeared open to the cause of the aftermarket.