Sessions Information

  • January 4, 2019
    10:30 am - 12:15 pm
    Session Type: Section Programs
    Session Capacity: N/A

    IP exhaustion has been heavily litigated in recent years, including twice in the past five years before the Supreme Court: Kirtsaeng in 2012 and Lexmark in 2017. The goal of this panel is to explore the open questions, challenges, and opportunities following those decisions. The decisions established an international exhaustion regime in both copyright law and patent law but related questions were left open, especially concerning the ability of IP rights-holders to establish and enforce post-sale restrictions. Such open questions include, for example, what restrictions can be imposed by establishing licensing or lending arrangements instead of sales, and how courts should distinguish those transactions? To what degree other legal tools, such as contracts law or private property law, be used to establish post-sale restrictions? Can trademark law restrict grey-market importation, now that copyright and patent law cannot? How, if at all, should exhaustion be applied in the digital space?

     A virtual business meeting was held prior to the Annual Meeting.

Date & Time
John F. Duffy, University of Virginia School of Law

Christine Haight Farley, American University, Washington College of Law

Shubha Ghosh, Syracuse University College of Law

Christina Mulligan, Brooklyn Law School

Aaron Perzanowski, Case Western Reserve University School of Law

Guy A. Rub, The Ohio State University, Michael E. Moritz College of Law

Session Fees
  • [4310] Intellectual Property: $0.00
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