S&O Assists BPLA With Key SCOTUS Amicus Brief re Foreign Patent Exhaustion
S&O attorneys Dan Shores, Milton Oliver, and Glenn Karta assisted the Boston Patent Law Association ("BPLA") in generating its amicus brief in the Impression Products, Inc. v. Lexmark International, Inc. case currently pending before the Supreme Court. The brief was filed on February 23, 2017.
In the brief, BPLA advocated that U.S. patent exhaustion law should not be applied to foreign sales. In support, BPLA argued that by rule the patent law is territorial, and any exception to that rule should be made by Congress and not the Court. BPLA distinguished Kirtsaeng, a recent SCOTUS case where the Court found foreign copyright exhaustion, primarily on the grounds that the Copyright Act contains a specific exhaustion provision and the Patent Act does not. Accordingly, on that basis, and in light of a number of important policy reasons, BPLA argued that the Court should not accept Petitioner's invitation to create a judicial rule requiring patent exhaustion based on foreign sales.
A copy of the brief can be found here. http://www.shoresoliver.com/documents