In an application of 2017 U.S. Supreme Court precedent in Impressions Products, Inc. v. Lexmark Intern., Inc., the Northern District California in International Fruit Genetics LLC v. Orcharddepot.com, No. 4:17-cv-02905-JSW, recently denied a motion to dismiss a claim of patent infringement by holding that the patent exhaustion doctrine did not apply to a sale of a patented product that was outside the scope of the license granted by the patent owner. This decision helps inform how licenses may be interpreted post-Impression Products.
Alex Roan is an Associate based in the firm’s Boston office. He assists life science and technology companies with a wide variety of intellectual property matters, emphasizing a range of patent prosecution and counseling matters. He also has experience with trademark registration, post-grant proceedings, and patent litigation, including before the US International Trade Commission.