Sessions Information

  • January 4, 2019
    10:30 am - 12:15 pm
    Session Type: Section Programs
    Session Capacity: N/A
    Hotel: Hilton New Orleans Riverside
    Room: Jackson
    Floor: Third Floor

    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.

Session Speakers
Organization: University of Virginia School of Law

Organization: American University, Washington College of Law

Organization: Syracuse University College of Law

Organization: Brooklyn Law School

Organization: Case Western Reserve University School of Law
Speaker from a Call for Papers

Organization: The Ohio State University, Michael E. Moritz College of Law

Session Fees
  • [4310] Intellectual Property: $0.00