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Supreme Court Rejects Patent Exhaustion Defense for Patented Bean Replanting
May 13, 2013

    The Supreme Court has handed down its much anticipated decision in Bowman v. Monsanto Co., holding that the defense of patent exhaustion does not apply to the practice of planting and harvesting patented seeds through planting and harvesting without the patent holder's permission. The case centers on the Roundup Ready gene, which confers resistance to glyphosate herbicides such as Roundup. Monsanto owns U.S. ....... Read More


    New and Useful - April 5, 2013
    April 05, 2013

      · In Power Integrations, Inc. v. Fairchild Semiconductor International, Inc. the Federal Circuit clarified several points relating to claim construction, determinations of non-obviousness, and calculation of damages. The court confirmed that claiming a “circuit” in conjunction with a sufficiently definite structure for performing the identified function is adequate to bar means-plus-fu....... Read More


      Supreme Court Decides Foreign First Sale Doctrine
      March 28, 2013

        The Supreme Court recentlydecided a much anticipated case, finally answering a long awaited question: Does the first sale doctrine apply to copyrighted works manufactured in other countries? According to the Supreme Court in Kirtsaeng v. John Wiley & Sons, Inc., the answer to this question is yes. John Wiley & Sons sued Supap Kirtsaeng for selling textbooks on eBay that he import....... Read More


        Supreme Court hears arguments today regarding first sale doctrine and international purchases
        November 08, 2010

          This morning the Supreme Court will hear oral argument in Costco Wholesale Corp. v. Omega S.A., a case regarding the potential international scope of the first sale doctrine. Costco lawfully purchased authentic Omega watches abroad and imported them to the United States for sale in its stores. Omega sued for copyright infringement, arguing the watches bore a copyrighted design and the purchase abroad did not exh....... Read More


          Ninth Circuit: AutoCAD purchasers are licensees, so first sale doctrine does not apply to resale
          September 15, 2010

            In a decision last week, the Ninth Circuit held the purchaser of a copy of AutoCAD software was not an owner of the copy, but instead a licensee. As a result, the purchaser did not have the protection of the first sale doctrine (codified in 17 U.S.C. § 109(a)) when attempting to resell the software to a third party. The declaratory judgment plaintiff was attempting to sell used copies of AutoCAD on eBay. A....... Read More


            Fourth Circuit a "maddening mixture of getting some things right and some things very very wrong"
            February 13, 2007

              William Patry, author of a treatise on copyright law, has an interesting post on his copyright law blog about a decision yesterday in the Fourth Circuit. The facts of the case are relatively simple the plaintiff owned a copyright on some architectural plans that the defendant obtained an unauthorized copy of. The defendant used the plans to have his house built. The plaintiff sued, seeking damages both for the ....... Read More


              Audiobooks can be rented without publisher's consent: first sale exception does not apply
              January 26, 2007

                Today the Sixth Circuit considered an issue that has not yet been addressed by any other United States Court of Appeal: whether the record rental exception to copyright law's first sale doctrine codified in 17 U.S.C. § 109(b)(1)(A) applies to all sound recordings or only to recordings of musical works. A divided panel held that the exception only applies to musical recordings, not audiobooks, potentially cle....... Read More


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                The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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