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A Win for the Consumer

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agavi...@gmail.com

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May 30, 2017, 2:41:03 PM5/30/17
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http://columbialawreview.org/content/trade-and-tradeoffs-the-case-of-international-patent-exhaustion/

Supremes say patent protection ends when a product is sold.

xyzzy

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May 30, 2017, 2:57:51 PM5/30/17
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On Tuesday, May 30, 2017 at 2:41:03 PM UTC-4, the_andr...@yahoo.com wrote:
> http://columbialawreview.org/content/trade-and-tradeoffs-the-case-of-international-patent-exhaustion/
>
> Supremes say patent protection ends when a product is sold.

What? This article just says it's likely the Supremes will take the case, not that they've ruled on anything. Is there another update somewhere else?

agavi...@gmail.com

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May 30, 2017, 3:19:14 PM5/30/17
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http://patentlyo.com/patent/2017/05/impression-exhausted-domestic.html

xyzzy

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May 30, 2017, 3:47:13 PM5/30/17
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On Tuesday, May 30, 2017 at 3:19:14 PM UTC-4, the_andr...@yahoo.com wrote:
> http://patentlyo.com/patent/2017/05/impression-exhausted-domestic.html

Excellent

Love the simplicity and near-unanimity of the decision.

The Supreme Court’s opinion is summed up by a single sentence early on. “We conclude that a patentee’s decision to sell a product exhausts all of its patent rights in that item, regardless of any restrictions the patentee purports to impose or the location of the sale.” Slip Op. at 1. The underlying rationale is offered a bit later: “Patent exhaustion reflects the principle that, when an item passes into commerce, it should not be shaded by a legal cloud on title as it moves through the marketplace.”

I wonder if this just added a "right to repair" back into federal law. Probably not, sadly probably have to fix the DMCA for that.

Emperor Wonko the Sane

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May 30, 2017, 5:39:05 PM5/30/17
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On Tuesday, May 30, 2017 at 2:19:14 PM UTC-5, the_andr...@yahoo.com wrote:
> http://patentlyo.com/patent/2017/05/impression-exhausted-domestic.html

Here is the decision, if you're interested. I just printed it out.

https://www.supremecourt.gov/opinions/16pdf/15-1189_ebfj.pdf

Doug

Michael Press

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May 30, 2017, 6:17:31 PM5/30/17
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In article <3d7c169d-779c-4ae7...@googlegroups.com>,
"the_andr...@yahoo.com" <agavi...@gmail.com> wrote:

> http://columbialawreview.org/content/trade-and-tradeoffs-the-case-of-international-patent-exhaustion/
>
> Supremes say patent protection ends when a product is sold.

Now get the FBI off of my dvds.

--
Michael Press

Michael Press

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May 30, 2017, 6:26:12 PM5/30/17
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In article <3d7c169d-779c-4ae7...@googlegroups.com>,
"the_andr...@yahoo.com" <agavi...@gmail.com> wrote:

> http://columbialawreview.org/content/trade-and-tradeoffs-the-case-of-international-patent-exhaustion/
>
> Supremes say patent protection ends when a product is sold.

Question is can the patentee sneak in a contract.

"By purchase of this article buyer agrees ..."

--
Michael Press

Emperor Wonko the Sane

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May 30, 2017, 8:34:41 PM5/30/17
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Yes, but they can only get you on breach of contract, not on patent infringement. However, suing customers is not a good marketing strategy, so it is unlikely to happen.

Doug

Michael Press

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May 30, 2017, 9:38:20 PM5/30/17
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In article <81fdbe1a-5917-4c6d...@googlegroups.com>,
They have been getting ink jet printer customers for decades.

--
Michael Press

xyzzy

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May 31, 2017, 9:27:42 AM5/31/17
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Also patent infringement has the potential for treble damages, unlike breach of contract.

Plus the contract breach would be the against the original buyer. If the original buyer resells, they can still be on the hook but the subsequent buyers won't, unlike patent infringement which is forever.

Patent infringement is a much bigger hammer than breach of contract.
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