This is really similar to the concept of 'first sale' in copyright law, which similarly prevents the copyright holder from using copyright to restrict what a buyer does with the object.
Glad to see it extended to patent law as well.
SCOTUS: Patent Rights Over a Printer Cartridge Are Exhausted When It Is Sold
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Re: SCOTUS: Patent Rights Over a Printer Cartridge Are Exhausted When It Is Sold
#12The text is the same, but I find the official PDF better typeset and much more readable: https://www.supremecourt.gov/opinions/16pdf/15-1189_ebfj.pdf
Re: SCOTUS: Patent Rights Over a Printer Cartridge Are Exhausted When It Is Sold
#13When you can cite Lord Coke in your opinion, I guess it's practically mandatory to do so.
> As Lord Coke put it in the 17th century, if an owner restricts the resale or use of an item after selling it, that restriction “is voide, because . . . it is against Trade and Traffique, and bargaining and contracting betweene man and man.” 1 E. Coke, Institutes of the Laws of England §360, p. 223 (1628)
Re: SCOTUS: Patent Rights Over a Printer Cartridge Are Exhausted When It Is Sold
#14In short, the sale of a product does not allow you to control what is done with the product afterwards through patent law.
I'm assuming this is almost similar to attempts to use copyright law to stop the sale of products on the grey market. http://www.bipc.com/court-rebuffs-attempt-to-use-copyright-l...
I do wonder though, if they changed the underlying software on the cartridges they would get into trouble. I do not see this stopping John Deere's practice of locking up their hardware through copyright laws. https://www.wired.com/2015/02/new-high-tech-farm-equipment-n...
Re: SCOTUS: Patent Rights Over a Printer Cartridge Are Exhausted When It Is Sold
#15The Planet Money podcast recently did an episode about this case: http://www.npr.org/sections/money/2017/03/31/522226226/episo...
I listened to this podcast yesterday. Planet Money is well produced and entertaining as heck!
Re: SCOTUS: Patent Rights Over a Printer Cartridge Are Exhausted When It Is Sold
#16Re: SCOTUS: Patent Rights Over a Printer Cartridge Are Exhausted When It Is Sold
#17Does this mean that printer prices are about to go up since HP/Brother/Lexmark will no longer be able to make as much money on the ink?
Re: SCOTUS: Patent Rights Over a Printer Cartridge Are Exhausted When It Is Sold
#18In practice it means people will still be able to stop you from doing things with stuff you own. Just not using patent rights.
Lexmark's real problem here is that its enforceable contracts are usually with the resellers, and so enforcing against a third party purchaser is trickier, so it tried to use patent law instead. (It has plenty of contracts, including on the wrapping of the printer cartridges, I'm just sticking with the ones that are easy to enforce)
Re: SCOTUS: Patent Rights Over a Printer Cartridge Are Exhausted When It Is Sold
#19Outside of the narrow case involving printer cartridges, what other implications and precedents can we expect this to set?
Can it stop smartphone makers from being able to blacklist devices that are resold, for instance?
Re: SCOTUS: Patent Rights Over a Printer Cartridge Are Exhausted When It Is Sold
#20> Gorsuch, J., took no part in the consideration or decision of the case. Does anyone know why this is?
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