Impression Products, Inc. has triumphed over Lexmark in a case that could have resulted in greedy companies limiting what could be done with a product even after purchase. Ruling in favor of the little guy 8-0 or 7-1, the highest court explained that extending patent rights beyond the first sale would have clogged the channels of commerce, and little benefit would result from the extra control provided. Thanks to modi123 for pointing this out in the original topic.



“Lexmark pushes its patent rights to the limit. It tried to restrict the use or resale of patented products after they have already been sold,” added Case Collard, a partner at international law firm Dorsey & Whitney that specialists in IP disputes. “Imagine if you could not resell the patented iPhone that you purchased because Apple continued to enforce its patent rights after it sold the product. This is what Lexmark tried to do with its printer cartridges.” “The Supreme Court confirmed it applies to sales made in the US and abroad,” Collard added. “If a patent-holder like Lexmark wants to limit the rights of a purchaser, perhaps they can do so under contract law, but once they have made a sale, they can no longer bring an action under the patents statutes.”

Ongoing Discussion

Source: [H]ardOCP – US Supreme Court Protects Consumers’ Right to Refill Ink Cartridges