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BPLA Files Amicus Brief on 2/23/2017

Thursday, February 23, 2017  
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 Impression Products, Inc. v. Lexmark International, Inc.
 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 , 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.


Boston Patent Law Association
One Batterymarch Park, Suite 101
Quincy, MA 02169
Phone: 617.507.5570

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