TRIPS (and the TPP) make it to the Fed Circuit

by Daniel Gervais on Saturday, February 13th at 4:31 PM

In the much awaited opinion in Lexmark, the en banc Federal Circuit (10-2) cited the TRIPS provision on exhaustion (article 6) and even the TPP.  A step forward for international IP aficionados.  Arguably, the statement accompanying the Uruguay Round implementing legislation that “[t]he [TRIPS] Agreement . . . does not affect U.S. law or practice relating to parallel importation of products protected by intellectual property rights” is a significant part of the majority’s argument finding that non exhaustion of patent rights by a foreign sale (despite Quanta) is supported by legislative intent.  I detect a whiff of cert. in the air.


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