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SCOTUS Opinion on Patent Exhaustion

June 2, 2017

The Supreme Court Tuesday issued its decision on patent exhaustion on Tuesday May 30, 2017. (Impression Products, Inc. v. Lexmark International, Inc.)

Below are a few blog posts for reading.

Supreme Court Holds Patent Exhaustion is Not Limited to U.S. Sales

Supreme Court Holds that Any Sale of a Patented Product Exhausts Patent Holder’s Rights

U.S. Supreme Court Significantly Restricts Patent Owners’ Ability to Control Resale of Patented Items

 

Patent-Related Notes from C&EN

April – 2017

Syngenta Patents Infringed:

Syngenta says a U.S. district court has found that the agrochemical maker Willowood infringed two Syngenta patents relating to the fungicide azoxystrobin. Damages for the infringement will be assessed at a trial later this year.

Solvay won a patent infringement lawsuit in China:

Solvay has won a patent infringement lawsuit in China against the Yantai-based firm Sunshow Specialty Chemical. The suit involved an ultraviolet stabilizer for thermoplastic olefins produced by Solvay’s Cytec Industries subsidiary.

10% of NIH Grants Directly Lead to Patents

According to Science (2017, DOI: 10.1126/science.aal0010), 10% of NIH Grants Directly Lead to Patents. Meanwhile, 30% of NIH grants are cited in patent applictions.   (See “By the numbers” – C&EN, 2017, 95 (14), pp 21–21April 3, 2017.)

The applied value of public investments in biomedical research

Abstract

Scientists and policy-makers have long argued that public investments in science have practical applications. Using data on patents linked to U.S. National Institutes of Health (NIH) grants over a 27-year period, we provide a large-scale accounting of linkages between public research investments and subsequent patenting. We find that about 10% of NIH grants generate a patent directly but 30% generate articles that are subsequently cited by patents. Although policy-makers often focus on direct patenting by academic scientists, the bulk of the effect of NIH research on patenting appears to be indirect. We also find no systematic relationship between the “basic” versus “applied” research focus of a grant and its propensity to be cited by a patent.

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