The Federal Circuit has sua sponte ordered an en banc hearing on the issue of international patent exhaustion. Lexmark Int'l, Inc. v. Impression Prods., Inc., No. 14-1617 (Fed. Cir. Apr. 14, 2015). The Federal Circuit presented the following questions: (1) Whether the court should overrule Jazz Photo Corp. v. ITC, 264 F.3d 1094 (Fed. Cir. 2001); (2) In light of Quanta Computer, Inc. v. LG Elec., Inc., 553 U.S. 617 (2008), should the court overrule Mallinckrodt, Inc. v. Medipart, Inc., 976 F.2d 700 (Fed. Cir. 1992), to the extent it ruled that a sale of a patented article, when the sale is made under a restriction that is otherwise lawful and within the scope of the patent grant, does not give rise to patent exhaustion.
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