Exhaustion doctrine under U.S. law
The exhaustion doctrine, also referred to as the first sale doctrine, is a U.S. common law patent doctrine that limits the extent to which patent holders can control an individual article of a patented product after a so-called authorized sale. Under the doctrine, once an authorized sale of a patented article occurs, the patent holder's exclusive rights to control the use and sale of that article are said to be "exhausted," and the purchaser is free to use or resell that article without further restraint from patent law. However, under the repair and reconstruction doctrine, the patent owner retains the right to exclude purchasers of the articles from making the patented invention anew (i.e., making another article), unless it is specifically authorized by the patentee to do so.
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2012 term United States Supreme Court opinions of Elena KaganAdams v. BurkeBowman v. Monsanto Co.Doctrine of non-derogation from grantsExhaustExhausted combination doctrineExhaustion doctrine under United States lawExhaustion of intellectual property rightsField-of-use limitationFirst-sale doctrineFujifilm Corp. v. BenunGeneral Talking Pictures Corp. v. Western Electric Co.Helferich Patent Licensing, LLC v. New York Times Co.Impression Prods., Inc. v. Lexmark Int'l, Inc.Lexmark International, Inc. v. Static Control Components, Inc.List of United States Supreme Court cases by the Roberts CourtList of United States Supreme Court cases by the Stone CourtList of United States Supreme Court patent case lawList of United States patent law casesMallinckrodt, Inc. v. Medipart, Inc.Motion Picture Patents Co. v. Universal Film Manufacturing Co.Outline of intellectual propertyPatent infringement under United States lawPost-sale restraintQuanta Computer, Inc. v. LG Electronics, Inc.Third-party standingUnited States antitrust lawUnited States patent lawUnited States v. General Electric Co.United States v. Univis Lens Co.
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Exhaustion doctrine under U.S. law
The exhaustion doctrine, also referred to as the first sale doctrine, is a U.S. common law patent doctrine that limits the extent to which patent holders can control an individual article of a patented product after a so-called authorized sale. Under the doctrine, once an authorized sale of a patented article occurs, the patent holder's exclusive rights to control the use and sale of that article are said to be "exhausted," and the purchaser is free to use or resell that article without further restraint from patent law. However, under the repair and reconstruction doctrine, the patent owner retains the right to exclude purchasers of the articles from making the patented invention anew (i.e., making another article), unless it is specifically authorized by the patentee to do so.
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The exhaustion doctrine, also ...... nd sales of patented articles.
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The exhaustion doctrine, also ...... ized by the patentee to do so.
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Exhaustion doctrine under U.S. law
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