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Tension in the Patent Exhaustion Doctrine?

Mark DeBoy, November 28, 2017

On March 21, 2017, the Supreme Court addressed patent exhaustion in Impression Products, Inc. v. Lexmark Int’l, Inc. (137 S. Ct. 1523 (2017)).  In the decision the Supreme Court determined that: “The Patent Act grants patentees the right to exclude others from making, using, offering for sale, or selling their… read more

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Case Analysis: Regeneron Pharmaceuticals, Inc. v. Merus N.V.

David W. Crosland, August 28, 2017

On July 27, 2017, the Federal Circuit affirmed, in a split decision, a judgment by the Southern District of New York of the finding of inequitable conduct by Regeneron Pharmaceuticals (“Regeneron”) at least partially based on the conduct of Regeneron’s litigation attorneys during litigation.  Regeneron originally brought suit against Merus… read more

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Should Congress Amend the Patent Eligibility Statute?

David Zuckerman, July 17, 2017

The question of which inventions should be eligible for patent protection in the U.S. has persisted, in one form or another, since the beginning of U.S. patent law itself. Several relatively recent Supreme Court decisions have prompted a renewed interest in patent eligibility among members of the patent community. In… read more

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