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Supreme Court Expands the Patent Exhaustion Doctrine


by John M. Neclerio View Biography
Duane Morris LLP View Firm Credentials
Philadelphia Office

Brian P. McQuillen View Biography
Duane Morris LLP View Firm Credentials
New York Office

June 25, 2008

Previously published on June 10, 2008

In a unanimous decision rendered on June 9, 2008, the U.S. Supreme Court confirmed the continued vitality of the patent exhaustion doctrine - the principle that limits the patent rights that survive an initial authorized sale of a patented item - and expanded the doctrine in two key respects.


 

The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.




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