RPC:HW 4-29-11:Quanta Computer v. LG Electronics: Brief

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Brief: 2007 WL 2589899

The Government's limited basis for recommending review of the Federal Circuits rule for lawful sale and preservation of patent rights CONFLICTS with older decisions, so it does not justify review. Without precedential support, asking for a review is unsubstantiated.


The Government provides no basis for dealing with uncertainty or narrowing issues concerning sales and contract limitations. The restrictions werent unlawful.

The deciding evidence in preserving patent right with license is how well the contract is drafted.

They treat exhaustion as "implied-in-law license under patent laws to practice the patent" but dont address the issue of whether another party can change conditions of an otherwise lawful sales condition.

Considering that the main focus is precedent for the Court, the writ of certiorari should be denied.