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Brief of Amicus Curiae Intellectual Property Owners Association In Support of the Respondents

2007 WL 4340881

  • Patentee has the right to sell or lease a patent's rights
  • The rights do not increase or decrease when transferred to the purchaser
  • This is regardless of the type of patent, product or method
  • Many businesses rely on this leasing/purchasing
  • Provides reward to premote the progress of science and useful arts
  • The doctrine of patent exaushtion helps prevent "Double Dipping" from the patentee
    • The product and its use could both be sold, with either one being infringed by the other
  • If there is no allegation of illegal conduct, the doctrine of patent exhaustion should find no application