March 21: SCOTUS Series – Impression Products, Inc. v. Lexmark International, Inc.

 

4:00 PM Registration | 4:15 PM Panel | Room Y115
American University Washington College of Law
4300 Nebraska Ave., NW, Washington DC, 20016
Registration | Logistics and Directions

In PIJIP’s ongoing Supreme Court Series, a panel of counsel for amici and parties will discuss the case on the afternoon following oral argument before the Court.

Issue: Whether a “conditional sale” that transfers title to the patented item while specifying post-sale restrictions on the article’s use or resale avoids application of the patent-exhaustion doctrine and therefore permits the enforcement of such post-sale restrictions through the patent law’s infringement remedy; and (2) whether, in light of this court’s holding in Kirtsaeng v. John Wiley & Sons, Inc. that the common-law doctrine barring restraints on alienation that is the basis of exhaustion doctrine “makes no geographical distinctions,” a sale of a patented article – authorized by the U.S. patentee – that takes place outside the United States exhausts the U.S. patent rights in that article.

Panel:

Prof. Michael Carroll, American University Washington College of Law (Moderator)

Paul Hughes, Mayer Brown, Counsel for Petitioner

Ariel Lavinbuk, Robins, Russell, Englert, Orseck, Untereiner & Sauber LLP, representing Costco Wholesale Corp. on amicus brief

George Hicks, Kirkland & Ellis LLP, representing International Business Machines Corp. (“IBM”) on amicus brief

Briefs:

Amicus Briefs:

 

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