What Federal Circuit Is Considering In Patent Exhaustion Case

Any opinions in this article are not those of Winston & Strawn or its clients. The opinions in this article are the author(s)’ opinions only.

Intellectual Property Associate Gino Cheng authored a Law360 article titled “What Fed. Circ. Is Considering In Patent Exhaustion Case.” The December 15 article addresses the Federal Circuit’s opportunity to clarify and correct contracting around patent exhaustion by examining whether a rights holder’s patent remedies survive a sale by an authorized licensee to a purchaser who knows the terms of the license and intends to violate them at the time of sale.