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ARTICLE · 29 NOVEMBER 2013
Exhausting Patent Rights Without A Sale
McDermott Will & Emery
Addressing for the first time the issue of whether patent exhaustion applies to products distributed for free, a divided panel of the U.S. Court of Appeals for the Federal Circuit held that "patent exhaustion principles apply equally to all authorized transfers of title in property, regardless of whether the particular transfer at issue constituted a gift or a sale."
United StatesIntellectual Property








