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ARTICLE · 21 AUGUST 2017

Right To Repair And Modify Vehicles After Lexmark

Over the last several months, the United States Supreme Court has issued a number of opinions that have broad implications to the automotive industry, particularly on the eve of commercial launches...

United StatesTechnology

Over the last several months, the United States Supreme Court has issued a number of opinions that have broad implications to the automotive industry, particularly on the eve of commercial launches of autonomous vehicles. These opinions cover obscure legal issues from forum shopping for the purpose of taking advantage of Texas "Rocket Docket" to whether accused patent infringers can assert a defense of laches.

While each of these opinions is relevant in its own way, one recent opinion could have significant implications to the auto industry, particularly with respect to maintenance, repair and modification by owners of vehicles. The Court's decision in Impression Products v. Lexmark reinforced and strengthened the patent exhaustion doctrine, which is the legal principle that once a patented product is sold, the patent rights of the patent holder become exhausted. In other words, the purchaser of the patented product and all subsequent owners are free to use or resell

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