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Andrew Pincus of Mayer Brown

Tell us about your top U.S. Supreme Court or federal circuit court victory over the past year and how you and your team achieved the win. In Impression Products v. Lexmark, the Supreme Court granted review and reversed a 10-2 ruling by the en banc Federal Circuit on two questions regarding the patent exhaustion doctrine. Our strategy had two parts. First, dig deeply into precedent to show that more than 150 years of cases supported our position on one question; and that the second question was effectively controlled by a recent Supreme Court decision on copyright exhaustion. Second, explain that a ruling for our opponents would have dramatically expanded the market power of patent owners and undermined competition in secondary markets for repair and resale of patented goods.

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Lisa Helem

Lisa Helem is the editor in chief of The National Law Journal. Contact her at lhelem@alm.com. On Twitter: @lhelemNLJ

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