The petition of the day is:

15-1189

Issue: (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 of the United States exhausts the U.S. patent rights in that article.

Posted in Cases in the Pipeline

Recommended Citation: John Ehrett, Petition of the day, SCOTUSblog (Apr. 13, 2016, 11:00 PM), https://www.scotusblog.com/2016/04/petition-of-the-day-918/