Quarterly Review: Impacts on Intellectual Property

Wednesday, August 02, 2017

Brooks Kushman Shareholders Chris Smith and Thomas Lewry discuss several recent Court decisions that will have the greatest impact on intellectual property law. Since the last quarterly webinar, the Supreme Court has issued several significant IP rulings, including decisions that will affect on-going discussions concerning important issues.

The webinar reviews and provide practical guidance on:

  • New Venue Rules in Patent Infringement Actions: In TC Heartland LLC v. Kraft Foods Grp. Brands LLC, 137 S. Ct. 1514 (May 22,2017) the Supreme Court reversed the Federal Circuit and restricted venue in patent infringement matters to districts where the defendant is incorporated or both committed acts of infringement and has a regular and established place of business. The decision abruptly diverted case filings from the U.S. District Court for the Eastern District of Texas to other courts, and will force plaintiffs to reevaluate where to file future infringement actions.
  • Court Expands Patent Exhaustion Doctrine: In Impression Prod., Inc. v. Lexmark Int'l, Inc., 137 S. Ct. 1523 (May 30, 2017) the Supreme Court ruled that even valid and enforceable contractual restrictions on a purchaser’s use of a patent article do not prevent an automatic exhaustion of patent rights, and that patent exhaustion results from sales both inside and outside the U.S. This landmark decision will force patent owners to reassess their worldwide distribution strategies for patented products.