Limitations of The Exhaustion Doctrine
The exhaustion doctrine is triggered only by a sale authorized by the patent holder. Thus, there are circumstances where it is difficult to determine whether the exhaustion doctrine is triggered, in light of the restrictions that the patentee has placed on the sale or use of the patented invention. Two general questions arise in these situations: (1) Was the sale authorized by the patentee? This can often be a complex factual question. (2) Even if not authorized by the patentee, are those restrictions valid and recognizable under the law?
Generally, these cases involve one or more of the following scenarios: the patent owner: (1) sells one or more components of a multi-component patented good; (2) licenses another to sell with certain restrictions on the sale itself; or (3) sells the article with restrictions directly on the purchasers or end-users (post-sale restraint).
Read more about this topic: Exhaustion Doctrine
Famous quotes containing the words limitations of, limitations, exhaustion and/or doctrine:
“The motion picture made in Hollywood, if it is to create art at all, must do so within such strangling limitations of subject and treatment that it is a blind wonder it ever achieves any distinction beyond the purely mechanical slickness of a glass and chromium bathroom.”
—Raymond Chandler (1888–1959)
“Growing up means letting go of the dearest megalomaniacal dreams of our childhood. Growing up means knowing they can’t be fulfilled. Growing up means gaining the wisdom and skills to get what we want within the limitations imposed by reality—a reality which consists of diminished powers, restricted freedoms and, with the people we love, imperfect connections.”
—Judith Viorst (20th century)
“The becoming of man is the history of the exhaustion of his possibilities.”
—Susan Sontag (b. 1933)
“That doctrine [of peace at any price] has done more mischief than any I can well recall that have been afloat in this country. It has occasioned more wars than any of the most ruthless conquerors. It has disturbed and nearly destroyed that political equilibrium so necessary to the liberties and the welfare of the world.”
—Benjamin Disraeli (1804–1881)