IP Law Profs Side With Reseller On Patent Exhaustion Rules

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Publish Date:
January 25, 2017
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Law360
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Summary

Thirty intellectual property law professors backed a printer cartridge reseller in its U.S. Supreme Court case against Lexmark International Inc., telling the justices Tuesday that the Federal Circuit’s “erroneous” interpretation of patent exhaustion clashes with legal precedent and could stifle innovation.

The professors joined with the American Antitrust Institute to file an amicus brief in support of Impression Products, a small West Virginia company that Lexmark has accused of infringing its printer cartridge patents.

Some notable names who signed onto the brief include Yale law professor Amy Kapczynski, Brian Love, the co-director of the High Tech Law Institute at the Santa Clara University School of Law, and Mark Lemley, a Stanford law professor and Law360 Icon.

The professors and the American Antitrust Institute are represented by Phillip R. Malone and Jef Pearlman of Juelsgaard Intellectual Property and Innovation Clinic, Mills Legal Clinic at Stanford Law School.

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