Posts tagged: First Sale Doctrine

No Change on First Sale for Patented Cartridges

John Shane
 Apr 4, 2013

Last month, the U.S. Supreme Court, in Kirtsaeng vs. Wiley, ruled that under US law there is international exhaustion regarding copyright under the first sale doctrine. In terms of copyright, products legally sold outside the US exhaust the copyright in the US. However, the large majority of issues related to the cartridge remanufacturing industry are patent related and not copyright. This decision did not impact patents. However, it is the first step that would need to happen in terms of changes in case law that would impact the cartridge remanufacturing industry based on cases known to be coming down the line. From the point of view of patent exhaustion for cartridges, and whether remanufacturers can legally sell remanufactured cartridges in the US when they are made from cartridges that were  first sold outside the US, or whether they need to track the first sale location at all, Wiley was the first case that remanufacturers needed to answer that question.

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