Law Commons^™

The Ip Law Book Review, V.10 #1, William T. Gallagher, Samuel F. Ernst

Intellectual Property Law

LANDMARK CASES IN INTELLECTUAL PROPERTY LAW, edited by Jose Bellido. Reviewed by Maurizio Borghi, Centre for Intellectual Property Policy & Management (CIPPM), Bournemouth University.

UNITED STATES V. APPLE: COMPETITION IN AMERICA by Chris Sagers. Reviewed by Shubha Ghosh, Syracuse University College of Law. A response is given by Professor Sagers following the review.

PATENT REMEDIES AND COMPLEX PRODUCTS: TOWARD A GLOBAL CONSENSUS, edited by C. Bradford Biddle, Jorge. L. Contreras, Brian J. Love, and Norman V. Siebrasse. Reviewed by Bernard Chao, University of Denver Sturm College of Law.

The Pharmaceutical Industry’S Corrupt Price Discrimination System: A Single Solution?, Samuel F. Ernst

Publications

The patent exhaustion doctrine generally provides that when a patent holder sells or authorizes the sale of a patented product, the patent rights in that item are exhausted. The patent holder cannot chase the item down the stream of commerce to impose restrictions on its use or resale. One issue that arises is whether a domestic sale is required to trigger patent exhaustion, or if sales overseas can also trigger patent exhaustion. The Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) is agnostic on this question, providing that “nothing in this Agreement shall be used to address the issue …