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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:
En Banc, Ed O’Connor and What Happened Last Week
in Lexmark v. Impression Products
By Tricia Judge
The Federal Circuit Court of Appeals decided to consider en banc appeals from both sides of Lexmark’s patent infringement suit against Impression Products, a remanufacturer, after a district court ruled that Lexmark's cartridge return program was invalid under patent law, but failed to overrule the requirement that only U.S.-made cartridge cores could be used in remanufacturing as only those cores were free of patent rights.
The Court’s decision to hear the case en banc indicates that it is seriously considering overruling the existing precedents in Jazz Photo, regarding the international first sale doctrine, and Mallinckrodt, which allows for post-sale restrictions on patented items. “We’ve got them on the run,” said Impression Products’ attorney Ed O’Connor.