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Impression Products, Inc. v. Lexmark International, Inc.

Docket No. Op. Below Argument Opinion Vote Author Term
15-1189 Fed. Cir. Mar 21, 2017
Tr.Aud.
TBD TBD TBD OT 2016

Issues: (1) Whether a “conditional sale” that transfers title to the patented item while specifying post-sale restrictions on the article's use or resale avoids application of the patent-exhaustion doctrine and therefore permits the enforcement of such post-sale restrictions through the patent law’s infringement remedy; and (2) whether, in light of this court’s holding in Kirtsaeng v. John Wiley & Sons, Inc. that the common-law doctrine barring restraints on alienation that is the basis of exhaustion doctrine “makes no geographical distinctions,” a sale of a patented article – authorized by the U.S. patentee – that takes place outside the United States exhausts the U.S. patent rights in that article. CVSG: 10/12/2016.

SCOTUSblog Coverage

DateProceedings and Orders
Mar 21 2016Petition for a writ of certiorari filed. (Response due April 21, 2016)
Mar 25 2016Order extending time to file response to petition to and including May 23, 2016.
Mar 28 2016Consent to the filing of amicus curiae briefs, in support of either party, or of neither party, received from counsel for the respondent.
Apr 20 2016Brief amici curiae of Public Knowledge, et al. filed.
Apr 20 2016Brief amici curiae of Association of Service and Computer Dealers International, Inc., et al. filed.
Apr 21 2016Brief amici curiae of Costco Wholesale Corporation, et al. filed.
Apr 21 2016Brief amici curiae of Auto Care Association, et al. filed.
Apr 21 2016Brief amicus curiae of Sandisk Corporation filed.
Apr 21 2016Brief amicus curiae of The Association of Medical Device Reprocessors filed.
Apr 21 2016Brief amici curiae of Intellectual Property Professors, et al. filed.
Apr 21 2016Brief amici curiae of Intel Corp., et al. filed.
May 23 2016Brief of respondent Lexmark International, Inc. in opposition filed.
May 27 2016Letter of May 27, 2016, received from counsel for petitioner waiving the 14-day waiting period for the filing of a reply brief pursuant to Rule 15.5.
May 31 2016DISTRIBUTED for Conference of June 16, 2016.
Jun 2 2016Reply of petitioner Impression Products, Inc. filed. (Distributed)
Jun 20 2016The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Oct 12 2016Brief amicus curiae of United States filed.
Nov 1 2016Supplemental brief of respondent Lexmark International, Inc. filed. (Distributed)
Nov 2 2016DISTRIBUTED for Conference of November 22, 2016.
Nov 3 2016Supplemental brief of petitioner Impression Products, Inc. filed. (Distributed)
Nov 28 2016DISTRIBUTED for Conference of December 2, 2016.
Dec 2 2016Petition GRANTED.
Dec 20 2016Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondent.
Jan 17 2017Joint appendix filed. (Statement of costs filed)
Jan 17 2017Brief of petitioner Impression Products, Inc. filed.
Jan 20 2017Brief amicus curiae of Professor Frederick M. Abbott. filed.
Jan 23 2017Brief amici curiae of Public Knowledge, et al. filed.
Jan 23 2017Brief amici curiae of Professor Robin Feldman, et al. filed.
Jan 23 2017Brief amici curiae of Association of Service and Computer Dealers International, Inc., et al. filed.
Jan 24 2017Brief amicus curiae of United States supporting reversal in part and vacatur in part filed.
Jan 24 2017Brief amicus curiae of Austin Intellectual Property Law Association in support of neither party filed.
Jan 24 2017Brief amicus curiae of Huawei Technologies Co., Ltd. filed.
Jan 24 2017Brief amici curiae of Costco Wholesale Corporation, et al. filed.
Jan 24 2017Brief amicus curiae of Licensing Executives Society (U.S.A. and Canada), Inc. in support of neither party filed.
Jan 24 2017Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Jan 24 2017Brief amicus curiae of Quanta Computer Inc. filed.
Jan 24 2017Brief amici curiae of Intel Corp., Dell Inc., and Vizio Inc. filed.
Jan 24 2017Brief amici curiae of Auto Care Association, et al. filed.
Jan 24 2017Brief amici curiae of Intellectual Property Professors, et al. filed.
Jan 24 2017Brief amicus curiae of Public Citizen, Inc. filed.
Jan 24 2017Brief amicus curiae of the Association of Medical Device Reprocessors filed.
Jan 24 2017Brief amici curiae of Professors John F. Duffy and Richard M. Hynes in support of neither party filed.
Jan 24 2017Brief amici curiae of HTC Corporation and HTC America, Inc. filed.
Jan 24 2017Brief amicus curiae of Mitchell Hamline School of Law Intellectual Property Institute filed.
Feb 3 2017SET FOR ARGUMENT on Tuesday, March 21, 2017
Feb 3 2017Record requested from the U.S.C.A. for the Federal Circuit.
Feb 16 2017Brief of respondent Lexmark International, Inc. filed.
Feb 17 2017Motion of the Acting Solicitor General for enlargement of time for oral argument, for leave to participate in oral argument as amicus curiae, and for divided argument filed.
Feb 22 2017CIRCULATED.
Feb 22 2017Brief amicus curiae of Imaging Supplies Coalition filed. (Distributed)
Feb 22 2017Brief amicus curiae of Intellectual Property Owners Association filed. (Distributed)
Feb 22 2017Brief amicus curiae of New York Intellectual Property Law Association filed. (Distributed)
Feb 23 2017Brief amici curiae of Medtronic PLC, and Zimmer Biomet Holdings, Inc. filed. (Distributed)
Feb 23 2017Brief amicus curiae of Dolby Laboratories, Inc. filed. (Distributed)
Feb 23 2017Brief amicus curiae of Qualcomm Incorporated filed. (Distributed)
Feb 23 2017Brief amicus curiae of International Business Machines Corporation filed. (Distributed)
Feb 23 2017Brief amici curiae of Law Professors Adam Mossoff and Gregory Dolin filed. (Distributed)
Feb 23 2017Brief amicus curiae of Boston Patent Law Association filed. (Distributed)
Feb 23 2017Brief amici curiae of Biotechnology Innovation Organization, and CropLife International filed.
Feb 23 2017Brief amici curiae of Nokia Technologies Oy, and Nokia USA Inc. filed. (Distributed)
Feb 23 2017Brief amicus curiae of Plantronics, Inc. filed. (Distributed)
Feb 23 2017Brief amicus curiae of Medical Device Manufacturers Association filed. (Distributed)
Feb 23 2017Brief amici curiae of 44 Law, Economics and Business Professors filed. (Distributed)
Feb 23 2017Brief amicus curiae of Interdigital, Inc. filed. (Distributed)
Feb 23 2017Brief amicus curiae of Pharmaceutical Research and Manufacturers of America filed. (Distributed)
Mar 6 2017Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted in part, and the time is to be divided as follows: 25 minutes for petitioner, 10 minutes for the Acting Solicitor General, and 30 minutes for respondent.
Mar 14 2017Reply of petitioner Impression Products, Inc. filed. (Distributed)
Mar 21 2017Argued. For petitioner: Andrew J. Pincus, Washington, D. C.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Constantine L. Trela, Jr., Chicago, Ill.
Mar 21 2017Record received from the U.S.C.A. for the Federal Circuit. The record is available on PACER, except for the Confidential Joint Appendix which was transmitted separately.
 
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