by Steve Driskill | Nov 4, 2013 | [sub] patent exhaustion, Post-Issuance
“[P]atent exhaustion principles apply equally to all authorized transfers of title in property, regardless of whether the particular transfer at issue constituted a gift or a sale.” Background / Facts: The patent at issue here is directed to a blood glucose meter,...
by Steve Driskill | Oct 17, 2013 | [sub] patent exhaustion, Post-Issuance
Patent exhaustion jurisprudence “focuses on the exhaustion of the patents at issue in their entirety, rather than the exhaustion of the claims at issue on an individual basis.” Accordingly, even the method claims of a given patent may be exhausted by the authorized...
by Steve Driskill | May 13, 2013 | [sub] patent exhaustion, Post-Issuance
Patent exhaustion does not permit a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission. Such planting and harvesting of subsequent generations constitutes an impermissible “making” of the claimed invention. The...
