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Lawrence T. Kass, a partner at Milbank, Tweed, Hadley & McCloy, writes that the Supreme Court recently struck another blow to patentees, holding that the long-standing doctrine of "patent exhaustion" applies to patented methods as well as items and that in certain circumstances, a licensee's authorized sale of an item may extinguish a patentee's rights even if the licensee has not fully practiced the patented method. This raises a number of questions. How much of the patented method must the licensee practice to trigger exhaustion? How much must an item embody the patented method? And what constitutes an "authorized" sale under a license to practice a method patent?
August 06, 2008 at 12:00 AM
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